United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy LETTER FROM THE SECRETARY-GENERAL Dear Participants, I would like to welcome you all to EuroAsia Model United Nations Training and Development Conference 2013. My name is Fatma Betül Bodur and I am a junior at Ankara University Faculty of Law. Organized under the auspices of Model United Nations Association of Turkey, as a method to fulfil its mission to familiarize MUN-related activities country-wide; EuroAsia MUN 2013 continues the tradition of eight years to host a wide range of delegates from beginners to be introduced to MUN for the first time; to those who are experienced in MUN, seeking a unique opportunity to develop in the field. This year, nine committees will be simulated in EuroAsia MUN; each chosen delicately to appeal to its participants from different levels and areas of academic studies and interest. United Nations Development Programme will discuss the agenda item Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy. This study guide and the academic structure of the Committee have been prepared by the respected Under-SecretariesGeneral Ms. Rena Haşimi and Mr. Hasan Yücel. Prepared by their talent, hard-work and wisdom; the study guide serves as a perfect first step to comprehend this particular agenda of utmost importance in global scale. I advise the participants to read the study guide thoroughly. You may also check further readings and key documents which are found on our website. As a whole, the documents presented by the Academic Team will provide you the awareness which is required so as to follow the discussions within the Committee and fully enjoy Model United Nations. Should you have any questions, please do not hesitate to contact me via bodur@muntr.org. Regards, Fatma Betül Bodur Secretary-General of EuroAsia MUN 2013 EuroAsia MUN 2013 Page 1 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy LETTERS FROM THE UNDER-SECRETARIES -GENERAL Dear Prospective Participants, It is my sincerest honour to welcome you all to The United Nations Development Programme Committee during the annual session of EuroAsia MUN 2013 Conference. I am Rena Haşimi, the Under-Secretary-General responsible for the United Nations Development Programme and the Commission on the Status of Women. I am a junior at Bilkent University Faculty of Law and also continuing International Relations as a minor program. After having participated in various conferences as a committee director, an academic and the organization team member, a delegate and a judge, I will have the pleasure of serving as your Under Secretary General in the United Nations Development Programme in EuroAsia MUN. This year the committee deals with democratic governance in post-Arab Spring Era: developing public trust and legitimacy. Finding a solution for such an important event of the whole international community will make EuroAsia MUN 2013 an unforgettable event in your MUN journey by assisting you with the necessary competitive debate environment, which you can improve your research, debate and declamation skills. As a member of the Academic Team of EuroAsia MUN 2013, I feel the need to express that we have worked tremendously hard for providing you a simulation which in fact will challenge your debating skills as well as enhancing your understanding of diplomatic relations between the states. I hope that you will enjoy debating on the case and find a chance to develop your skills as a delegate. Should you have any inquiries concerning the United Nations Development Programme of EuroAsia MUN 2013, please do not hesitate to contact me through hasimi@muntr.org. I look forward to meeting you all in Ankara. Sincerely, Rena Haşimi Under-Secretary-General responsible for UNDP and CSW EuroAsia MUN 2013 Page 2 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy Honourable Participants, I would like to welcome you all to the all to the United Nations Development Programme (UNDP) of EuroAsia 2013 Training and Development Conference. My name is Hasan Yücel, I am a senior at Ankara University Faculty of Law. I have participating in MUN conferences for four years. This year, I am serving as one of the Under Secretaries – General of the EuroAsia 2012. In this year’s significant committee simulation at this Committee is a great chance for participants to improve their academic and debate skills, especially for the delegates who are interested in politics and human rights issues. UNDP is the key forum to discuss such an essential issue with the inexperienced and experienced delegates. Recently the world has witnessed one of the most significant breakthroughs in the Middle East and North Africa. In this conference, aftermath of the Arab Spring, our agenda items is the issue of democratic governance. If you have any questions, please do not hesitate to ask. I hope you enjoy the conference. Hasan Yücel Under-Secretary-General responsible for UNDP and FAO EuroAsia MUN 2013 Page 3 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy UNITED NATIONS DEVELOPMENT Nations General Assembly (UNGA) and PROGRAMME Economic and Social Council (ECOSOC).6 United Nations Development Programme DEMOCRATIC (UNDP, the Programme) is an executive POST-ARAB board within the United Nations General DEVELOPING PUBLIC TRUST AND Assembly and is headquartered in New LEGITIMACY York. UNDP provides expert advice, training and support to developing countries with increasing emphasis on assistance to the least developed countries.1 GOVERNANCE SPRING IN ERA: A. INTRODUCTION I. General Information about the Agenda Item The term “Arab Spring” is used to define the The Programme has 177 offices all around social disorder and political upheaval that the world to offer global perspective and spread across the Middle East in early 2011.7 local insight to persons, in the light of the It is “a series of anti-government uprisings goals concentrating on its focus, namely: in various countries in North Africa and the poverty Middle East, beginning in Tunisia in reduction Millennium and Development achieving Goals; the crisis December 2010”.8 prevention and recovery; and environment and sustainable development.2 At the same time, UNDP aims at building and promoting democratic governances that are viable and able to operate under the principle of rule of The social disorder in several states, such as Libya, Egypt, Tunisia, has resulted in changes of their old regimes and in numerous essential reforms. From the beginning of the year 2011 to the end of law.3 2012, the constitution and government lost Resolutions adopted by the UNDP do not their support and lacked legitimacy.9 One of have binding effects on the member-states.4 the main reasons of these social unrests was Also, UNDP is not allowed to urge states to considered implement its decisions.5 Basically, the experienced in practicing their rights. 10 resolutions provide inter-governmental support to states in accordance with the overall policy guidance of the United EuroAsia MUN 2013 as the difficulties people It is evident that the term “Arab Spring” has more impacts than the political changes Page 4 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy occurred in Yemen, Egypt or Tunisia.11 In during the Arab Spring, but the lessons today’s world, such impacts concern not learned from the outcomes of it. only the Arab States, but the world:12 II. History of Facts Protecting political and human rights have become more important for the State authorities and human rights in the society.13 Also it was pointed out that more and more people demonstrated their clear intent to On January 9, 2011, the upheavals began in Tunisia with a demonstration of people who were unhappy because of an incident where a young man had set fire to himself in a protest; and this turned into a civil uprising protect these rights since 2011.14 in a few months.19 Later, the Tunisian Another significant term “revolution” is Government defined as a “fundamental change in the way protests and the protests spread across the of thinking about or visualizing something: a country and reached to capital. 20 It was said change of paradigm”.15 Revolution is widely that the uprising in Tunisia would embolden used by academics and journalists to refer to anti-government protests elsewhere in the the Arab Spring.16 region.21 Yet, in the same month, January The primary aim of the Arab Spring 2011, protests of similar nature were seen revolutionaries was to establish governments respectively in that are more democratic, representative, and Lebanon, Bahrain, Yemen, Saudi Arabia and responsive to the concerns of the citizens.17 Syria. In order to achieve this aim, a legitimate thousands of people were dead because of constitution the social unrest.22 with democratic norms is reacted Egypt, against Algeria, peaceful Libya, By the end of the year, several needed.18 One of such regions is Bahrain where many The conditions or the root causes of the protests took place and resulted with the social unrest, which caused the Arab Spring, military intervention sponsored by Saudi do not stand alone in order to examine the Arabia.23 As for Libya, the arrest of a human democratic governance in the new post-Arab rights activist and protests triggered the spring era. The discussion related to the demonstration in Benghazi and the other development of public trust and legitimacy is cities.24 This resulted in another military not concerned with the events occurred EuroAsia MUN 2013 Page 5 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy intervention agreed by the Security Council.25 Also, Egypt was one of the States where were significant reforms made in the constitution. In one of these reforms, the possibility for parliamentary and presidential elections was introduced.26 Yet, after such reforms, Egypt has experienced the social unrest in which more than 500 people died.27 Table 1: Deaths in the Arab Awakening28 EuroAsia MUN 2013 Page 6 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy B. INTERNATIONAL RESPONSES TO upheaval.33 However these prescient reports WHAT ARAB SPRING REPRESENTS did not lead to political action.34 Protests in many countries affected by the Politically, the Secretary-General, Ban Ki- Arab Spring have attracted widespread moon, immediately showed United Nations’ reaction from the international community, (UN) stance on the matter. In February 2011, while North African and Middle Eastern he stood alongside David Cameron in government responses have generally met Downing Street and called on the Egyptian condemnation.29 Government to respond positively to the The importance of the responses lies under demands of those demonstrating in Tahrir reasons of the legitimization of the regimes Square.35 On that same visit to the UK, he of that affects30 the statuses of the member made states in the international arena, and the University on humanitarian intervention and responses determines the political standing the Responsibility to Protect. of the events before the international The UN also reacted towards the Arab community.31 Spring countries. The Human Rights Council a powerful speech at Oxford (HRC) suspended Libya36, established a I. International Organizations commission of inquiry37 and effectively a. United Nations: rejected Events in the Arab world were not widely membership.38 The United Nations General predicted, but there was one part of the UN Assembly adopted by an overwhelming system that did identify the risk of majority its first ever Human Rights upheaval. 32 The UN Development Programme produced a series of reports between 2001 and 2005 analyzing the economic, social and demographic strains in the Middle East/ North Africa region and accurately predicting that, unless economic and social reform was accelerated, there would be political, EuroAsia MUN 2013 possibly violent, Syria’s candidature for HRC Resolution on Syria in December 2011.39 Significantly, the UNSC referred Libya to the International Criminal Court and adopted wide-ranging sanctions in SCR 1970.40 Then in March 2011; the Council established a nofly zone and authorized “all necessary means” to protect civilians in SCR 1973.41 Together, these constituted the most widePage 7 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy ranging resolutions passed by the Security General's proposal to open up towards Council for more than 20 years: It lead the countries in MENA and Central Asia, and to foundation for a 5 month military campaign engage them in cooperation and assistance conducted by NATO and a coalition of programmes allies, to protect Libyan civilians and led integration into the European legal space, indirectly to through accession to relevant Council of the removal of Colonel aimed at their gradual Gaddafi.42 Europe The UNSC, also, finally adopted two agreements.47 This opening up constitutes unanimous resolutions on Syria, which the strategic response of the Council of offered full support for Kofi Annan’s 6 Europe Point-Plan to bring about a cessation of Mediterranean region, and for relations with violence and the start of a political dialogue Central Asia.48 which could lead to a political transition in Neighbourhood Cooperation Dialogue, as a the country; and authorized a UN monitoring means of a political dialogue at the highest mission to help to oversee implementation of level, has involved the authorities of the plan.43 This coming together of the Morocco, UNSC on Syria has taken far too long, 44 but Palestinian National Authority, Kazakhstan, is more welcome for that.45 Kyrgyzstan and Tajikistan.49 Neighbourhood b. Council of Europe: conventions to the Arab Tunisia, and Spring Jordan, partial in Israel, the the Cooperation Priorities, which reflect a formal agreement on specific priorities, have After Secretary-General Thorbjem Jagland visited Tunisia in February 2011, efforts have been underway to develop practical cooperation within the framework of the new policy of the Council of Europe towards the neighbouring region namely the Middle East and North Africa (MENA) countries.46 been concluded with Morocco and Tunisia and should soon be finalized with Kazakhstan and Jordan.50 Whilst being country-specific, both in terms of substance and volume, all priorities focus on human rights, the rule of law and democracy issues, with a strong focus on the promotion of good At the Istanbul ministerial session in May governance and the independence of the 2011, the Ministers endorsed Secretary- judiciary.51 EuroAsia MUN 2013 Page 8 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy Cooperation between the Council of Europe intervention coalition, Germany remained and these countries, however, has not started wary of such action54. from scratch; it has been developing for a Pro-active responses to post-Arab Spring number of years, in particular through Tunisia and Egypt should not eclipse the participation in the Council of Europe's importance of articulating longer term partial agreements; by way of an example, reform initiatives, assessment criteria and Algeria, Israel, Morocco and Tunisia are implementation mechanisms.55 Domestic-led members of the European Commission for uprisings Democracy economically by international actors offer through Law (the Venice supported politically and Commission. opportunities for positive change, but in a c. European Union (EU): region where the legitimacy of Western Since the start of the popular uprisings actors is concerned, also risk provoking across the Middle East and North Africa, the authoritarian regimes backlashes.56 The Joint EU has acknowledged the blunders made in communiqué published by the European its previous foreign policy towards the Commission on 8 March 2011 and endorsed region.52 Although reactions to events in by the European Council later that same Tunisia and Egypt were slow, the External month is a step in the right direction. Action become The EU’s first reaction to the Arab uprisings, quicker in issuing statements and firmer in the Partnership for Democracy and Shared its condemnation of acts perpetrated by Prosperity (PfDSP)57, provides the first autocrats popular attempt to formulate a broad framework for dissent.53 However, imposing sanctions, the EU’s response to the events of historic freezing assets and delivering humanitarian proportions aid has been tried in different times to revolution.58 entirely detract from disunity between PfDSP specifically claims that the novelty in member states but no consensus has been this new strategic framework consists, reached concerning this issue; whilst France firstly, in having learned the errors of its past and Britain took on leadership of the ways; secondly, in responding to the Service did clamping gradually down on sparked by the Tunisian demands of the Uprisings, particularly the EuroAsia MUN 2013 Page 9 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy demand for democracy which characterized Organizations.63 Although this attributes to the uprisings; and thirdly, in providing a civil society the importance it deserves, and highly innovative shift in the EU’s policy demonstrates EU support for locally led framework.59 Indeed, PfDSP describes itself domestic transitions64, at present it remains explicitly as a strongly innovative response to be a part of the raft of new nomenclature to the Arab Spring,60 a qualitative step proposed for democracy-support policies forward in policy, not simply in relation to which pepper ministerial speeches and how to promote democracy in its southern smack of opportunism.65 The EU will also neighbourhood, but more generally as a have to take care not to micro-manage civil paradigm shift in terms of the way the EU’s society, as it has been accused of doing in strategic policy objectives for its external the past.66 relations are conceived and pursued. PfDSP With all of those efforts EU is also another acknowledges that in the past the EU’s diverse policy goals had been approached as largely incompatible. 61 For instance, the perceived contradiction between values like important actor in the international arena to tackle with the subject of measuring legitimacy and the process of democracy in the Post Arab Spring Era. democracy and human rights, and interests such as security or migration – the Arab uprisings demonstrate the short-sightedness d. Organization of and Co-operation in Europe of this position, and present the Union as Since its inception, the OSCE Mediterranean having been forced to re-think such stances Partnership has experienced a noticeable precisely in the light of the uprisings.62 development; starting from a status similar In its declaration of support for democracy and institution building, the Partnership suggests the creation of a Civil Society Neighbourhood Facility, designed to increase the participatory and advocacy capacities of Organizations local and Non-Governmental Civil Rights to those of observers enjoyed by the Mediterranean countries associated with the OSCE process. Mediterranean Partners gradually became more and more integrated in the work of the Organization.67 Despite the evident growth in the framework for dialogue and cooperation between the OSCE and its Partners; a sense of dissatisfaction EuroAsia MUN 2013 Page 10 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy has prevailed in recent years among both The report titled Year of Rebellion: State of Mediterranean Partners and participating Human Rights in the Middle East and North States for not being able to develop the Africa, which describes 2011 as “historic” Partnership to its full potential.68 and “tumultuous”, discusses the rights issue The OSCE continued to offer its experience in each country where uprisings, protests and and support to the Mediterranean Partners, countering repression took place. also by subjects such as promoting human rights in representatives of the Chairmanship and the region and what the organization has OSCE executive structures to Tunisia, achieved Morocco and Egypt.69 In the course of such revolutions were also included.72 visits, originated from an expression of More significantly, however, is the report’s interest by those Partners for possible OSCE critique of the international response to the support, consistently regional unrest. The organization, which has appreciated the potential value of the OSCE 3 million members and supporters in over experience 150 countries, describes in its reports the on Democratic the occasion the in of countries their current institution visits situations. building, on the ground Other during the good shortcomings of the response of international governance, the security sector and police powers by subtitling this section “Failure to reform should be focused in such supports.70 Put Human Rights First.”73 II. Non-Governmental Organizations Amnesty International attacked the varying a. Amnesty International: and inconsistent reactions of foreign powers Amnesty saying they were looking out for their own International has published a comprehensive instead of truly looking after protesters dying report on human rights in the Middle East in pursuit of legitimate freedoms and and North Africa including condemning the rights.74 reaction of the international community, performed political somersaults or continued who, the report says, are looking to protect to ignore human rights violations in the their own interests.71 region as they sought to protect their own Renowned rights group “Many powerful governments political and economic interests,” the group wrote.75 EuroAsia MUN 2013 Page 11 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy The report states there was an initial firm standing towards those national protests reluctance to support the protest movements and should not avoid a possible cooperation by western governments. It cites the initial in order to implement stabilization process in silence of the French government on Tunisia the post Arab Spring Era. and the US administration on Egypt, which b. Human Rights Watch: supported Mubarak until his “refusal to resign risked a much deeper social revolution and a much greater threat to the With regards to the events in MENA, Human Rights Watch stated that the creation of status quo in the region.” a rights-respecting state can be painstaking work that requires building The report strongly criticized the discrepant effective responses of the United Nations despite establishing independent courts, creating human rights violations being consistently professional perpetrated against protesters across the temptation of majorities to disregard human region. It contrasted the UN Security rights and the rule of law after the Arab Council’s fast response after Libya’s institutions police, of and governance, resisting the Spring.78 However, the difficulty of building uprising took off, sanctioning a no-fly zone democracies does not justify seeking a return and airstrikes (which it then said surpassed to the old order, Human Rights Watch its mandate to “protect civilians”), and the states.79 “The uncertainties of freedom are slow and non-existent responses when it no reason to revert to the enforced 76 came to Syria and Bahrain. predictability of authoritarian rule,” said Continuing its scrutiny, the report cited the Kenneth Roth, executive director of Human late condemnation by the Security Council Rights Watch. “The path ahead may be of human rights violations in Yemen, saying treacherous, but the alternative is to consign that it urged Yemen’s Ali Abdullah Saleh to entire countries to a grim future of sign a power transfer deal which granted him oppression.”80 immunity, an act prohibited by the UN The tension between majority rule and Secretary General’s directives, it argued. 77 respect for rights poses perhaps the greatest 81 In light of these, according to Amnesty challenge for the new governments, International community should maintain a Human Rights Watch stated. Leaders in the EuroAsia MUN 2013 Page 12 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy Middle East are naturally eager to exercise to deny women and minorities human rights their new electoral clout, but they have a that should be universal.88 duty to govern without sacrificing fundamental freedoms or the rights of C. GLOBAL EFFECTS OF TRANSITION TO THE NEW ERA minorities, women, and other groups at I. Democratization as Coming in Waves risk.82 Other countries can be supportive both by setting positive examples in their own practices, respecting human rights themselves, and by consistently promoting rights in their relations with the new government and others. eye to repression 83 Turning a blind may be politically convenient but it does enormous damage to the quests for rights-respecting democracies, Democracy has not appeared in a short time, but in a long time with the political events occurred in history.89 The political scientist Samuel P. Huntington identifies the significant historical ranges of events as in three waves.90 Huntington was an influential political scientist who identified several historical waves of democratization.91 He is considered as a remarkable figure for his ground-breaking thoughts related to the Human Rights Watch said.84 transitions of states.92 His identifications, the Three additional essays in the World Report three waves, can provide an insight for the address other threats to human rights. One evaluations of the outcomes of the Arab describes the need to regulate business Spring and for the new era.93 85 operations around the world , especially in an era of globalization, to protect the rights of workers and people negatively affected by company operations. The second says that in responding to environmental crises86, governments and others frequently focus on the harm to nature, neglecting the human rights impact on people in the crisis zone. The third essay highlights how arguments of “tradition” and cultural relativism87 are used EuroAsia MUN 2013 Huntington set out criteria for the assessment of democratization of states in his book, Democracy's Third Wave.94 Decreasing relation between religion and governance and joining the European Union are one of those criteria for states to be democratic.95 He examines states’ democratization process and their transitions, according to the general universally accepted principles rather than Page 13 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy an objective definition, such as the 30 States completed their transitions to democracy standards set by the European democracy, and this number was Union.96 approximately doubling the number of democratic governments in the world.101 Furthermore, such democratization process has another notable effect. The term, snowballing was referred by Huntington to the effects of the democratic transition to the liberation movements in other States.102 He stated that the impact of such snowballing on democratization was clearly seen in 1990 in Bulgaria, Romania, Yugoslavia, Mongolia, Nepal, and Albania.103 Also, in that period of time, such impact affected movements in Figure 1: Huntington symbolizes the clashes Arab States and African States.104 Today, the of civilizations mentioned in his well-known recent unrests in the Arab Spring have been book.97 in a discussion whether it can be considered The first wave started in the early 19th as the Forth Wave of the democratization. century with the allowance of the right to II. Democratic governance vote to considerable population in the United According to UN ECOSOC, some consider States and continued until the 1920s with the democracy accession of Mussolini power in Italy. 98 as a set of values; and The governance as a process of interaction second wave begun with the victory of the among three sets of actors: the state, civil Allies in World War II and it lasted until society and the private sector.105 It implies mid-1970s.99 that governance is based on fundamental and The most significant one was the third wave universally accepted principles, including: that begun in 1974 with the increase of the participation, accountability, transparency, number of democratic transitions.100 From rule of law, separation of powers, access, 1974 to 1990, Huntington stated that at least EuroAsia MUN 2013 Page 14 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy subsidiarity, equality and freedom of the freedom and rule of law have been identified press.106 as important characteristics of democratic According to some scholars, democracy governance refers to a method of group decision making Nevertheless, democratic government is characterized by a kind of equality among more than just a set of specific government the participants at an essential stage of the institutions; it rests upon a well understood since times.112 ancient This group of values, attitudes, and practices; all definition is basically composed of two of which may take different forms and ankles.108 concerns expressions among different cultures and collective decision making, meaning that societies around the world which will be decisions that are made for groups and that pointed out in later sections.113 are binding on all the members of the a. group.109 Second, the depth of the equality Governance required by the definition of democracy may In order to deserve the modern democracy collective decision First, making.107 democracy vary: It may be the mere formal equality of Basic Elements of Democratic label, it is required to fulfil some basic needs one-person one-vote in an election for for a state, and it necessitates not only being representatives to an assembly where there is codified in a constitution but also being competition abided by in everyday life by politicians and among candidates for the position; or it may be more robust, including authorities.114 equality in the processes of deliberation and coalition building.110 Democracy may refer to any of these political arrangements. It may involve direct participation of the members of a society in deciding on the laws and policies of the society or it may involve the participation of those members in selecting representatives to make the decisions.111 No consensus exists on how to define Hence, this section covers some basic elements of democratic governance which directs the aim of building public trust and legitimacy since the term democracy has more than some basic elements according to different views in the doctrine.115 1. Separation of Powers and Judicial Independence democratic governance; however equality, EuroAsia MUN 2013 Page 15 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy One of the basic principles of democracies is the judiciary bodies discipline each other at the separation of powers; since the writings the voters’ advantage.120 of Locke and Montesquieu, separation of Democratic government’s main requirement legislative, executive and judicial powers is of exercising political power is respecting deemed essential to avoid usurpation and the law, This means that, the executive tyranny by the holder of these powers. 116 branch implements policies and programs, The system of separation of powers divides administers the tasks of the state into three branches: conducts national affairs121 and the courts legislative, executive and judicial. These can decide the guilt or innocence of tasks are assigned to different institutions in individuals charged with a crime, and the such a way that each of them can check the higher courts can determine whether a law or others; and as a result, there should be a a balance between the institutions so that no constitutional.122 single institution can become so powerful in The separation of powers is a democracy as to destroy the system the government national action budget, or policy also and is a fundamental guarantee of the independence itself.117 The separation of powers is also of the judiciary;123 since as it was stated reflected in the fact that certain functions above, none of those three arches of the state must not be exercised by one and the same can be more powerful than the other. In the person. 118 decision-making process, judges should have In democracies, in the simplest way, freedom to decide cases impartially, in elections are the primary mechanism for accordance with their interpretation of the disciplining public officials, but they are not law and the facts. They should be able to act sufficient;119 separation of powers between without executive and legislative bodies also helps influence. Direct or indirect pressure, threats preventing the abuse of power, but only with or interferences, should not come from any appropriate checks and balances (rights of quarter or for any reason.124 The principle of mutual control and influence which are independence of the judiciary has been laid going to be exemplified in later sections). In down in various human rights instruments; this way, the executive, the legislative, and including the Universal Declaration of EuroAsia MUN 2013 any restriction or improper Page 16 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy the joint and separate action''130 to promote International Covenant on Civil and Political "universal respect for, and observance of, Rights (ICCPR).126 There are also a number human rights";131 thus, universal respect for of UN standards, in particular the Basic and observance of human dignity. Principles on the Independence of the Mentioning human dignity and fundamental Judiciary endorsed by the United Nations human rights in international and regional General the treaties as well as national constitutions Bangalore Principles of Judicial Conduct of oblige the governments to protect the Human Rights (UDHR)125 Assembly in and 1985 and 127 2002. citizens from violations of human rights and In light of those explanations about the also limits the government’s ability to separation of powers and the independence interfere with the rights of the individual; of the judiciary, it can be said that, those and directly implement the principles of elements are indispensable for democratic democratic governance and develop public governance. trust and legitimacy.132 2. Human Dignity 3. Rule of Law Human dignity fundamental In a democracy, the rule of law protects the international legal precept; the right to rights of citizens, maintains order, and limits human dignity is part of the universal human the power of government with the meaning rights law that is expressly related to the of having all citizens as equal under the value and worth of each human being as well law.133 According to the treaties in the as the equality of men and women.128 As the international law such as International United the Covenant on Civil and Political Rights134, no codifiers had been determined to reaffirm one may be discriminated against on the their "faith in fundamental human rights, in basis of their race, religion, ethnic group, or the dignity and worth of the human person, gender; may be arrested, imprisoned, or in the equal rights of men and women and of exiled arbitrarily, denied their freedom nations large and small".129 The United without a fair and public hearing by an Nations Charter also recognizes the global impartial court; taxed or prosecuted except nature of each member's obligation "to take by a law established in advance. Nobody is Nations EuroAsia MUN 2013 is Charter a declares, Page 17 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy above the law, not even a king or an elected In other words, the major distinction president: the law is fairly, impartially, and between Rule of Law according to different consistently enforced, by courts that are point of views underlies in where power and independent of the other branches of rights are vested in those perspectives.138 government.135 The Western- Rule of Law holds that powers Former Secretary-General of the United and rights vest naturally in individuals, and Nations, Kofi Annan defines the rule of law that government is limited in its power to as: “A principle of governance in which all infringe upon these rights. On the contrary, persons, institutions and entities, public and mostly, the other part of the world, in a more private, including the State itself, are hierarchical tradition, holds that all powers accountable to laws that are publicly and rights naturally vest in government, promulgated, and which then allocates rights and powers to its independently adjudicated, and which are citizens similar to the distinction between consistent with international human rights Hobbes and Natural Law School.139 norms and standards. It requires, as well, 4. Political Freedoms and Civil Rights measures to ensure adherence to the Civil and political rights are a class of rights principles of supremacy of law, equality that protect individuals' freedom from before the law, accountability to the law, unwarranted infringement by governments fairness in the application of the law, and private organizations, and ensure one's separation of powers, participation in ability to participate in the civil and political decision-making, legal certainty, avoidance life of the state without discrimination or of arbitrariness and procedural and legal repression.140 equally enforced transparency.”136 Civil rights include the ensuring of peoples' In addition to that, according to some life scholars, rule of Law actually means that the discrimination on grounds such as race, administrative power is bound strictly by law gender, national origin, colour, sexual and that the judiciary reviews the lawfulness orientation, of administrative action. 137 and safety; ethnicity, protection from religion, or disability;141 and individual rights such as privacy, the freedoms of thought and EuroAsia MUN 2013 Page 18 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy conscience, speech and expression, religion, The right to freedom of expression is the press, assembly and movement.142 recognized as a human right under the Political justice ICCPR, with the statement of, "Everyone (procedural fairness) in law, such as the shall have the right to hold opinions without rights of the accused, including the right to a interference" and "Everyone shall have the fair trial; due process; the right to seek right to freedom of expression; this right redress or a legal remedy; and rights of shall include freedom to seek, receive and participation in civil society and politics impart information and ideas of all kinds, such as freedom of association, the right to regardless of frontiers, either orally, in assemble, the right to petition, the right of writing or in print, in the form of art, or self-defence, and the right to vote.143 through any other media of his choice"; the A necessitates same article continues to say that the maintaining equal civil rights and political exercise of these rights carries "Special freedoms for all of its citizens to ensure the duties legitimacy of the government and public "therefore be subject to certain restrictions" trust of the society.144 In addition to that fact, when necessary "for respect of the rights or it necessitates to put stress on some specific reputation of others" or "for the protection political rights as follows: freedom of of national security or of public order (order opinion, speech, press and mass media. public), or of public health or morals".146 Since roots of the Agenda Item are The freedom of press, as being a part of the determined from the Arab Spring Era, those civil rights, may be defined as journalists’ factors gained more importance because of ability “to do their work without being rights democratic include natural government and responsibilities" and may the uprisings.145 Such factors play an subject to intimidation or actual violence important role in the discussion related to the and aftermath of the Arab Spring. censorship”.147 The United Nations have able to report freely without endorsed and promoted the philosophy of 5. Freedom of Expression, Press and Mass Media: free press for the past decades. In the Universal Declaration of Human Rights,148 the UN asserts the rights of each individual EuroAsia MUN 2013 Page 19 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy in the world “to know, to impart, and to Accountability is ensuring that officials in discuss”. 149 Each of these is an element in a public, doctrine of free expression.150 The spirit of organizations free expression is contained in Article 19 of actions and that there is redress when duties the UDHR, extracted as follows: “Everyone and commitments are not met.153 has the right to freedom of opinion and In addition to that, elections are one of the expression; this right includes freedom to primary means for citizens to hold their hold opinions without interference and to country's officials accountable for their seek, receive and impart information and actions in office, especially when they have ideas through any media and regardless of behaved illegally, corruptly, or ineptly while private are and voluntary answerable sector for their 151 frontiers”. carrying out the work of the government, but Yet again, to solve a problem; first, one must for elections and the people's will to achieve focus on its roots and since those national their aim, basic rights must be protected and protests' roots lie under the freedom of affirmed.154 If citizens are to govern their expression and mass media, the protection of own affairs, either directly or through those rights carries out a great importance in representative government, they must be the and informed about how best to determine their have affairs and how best to represent and execute become one of the important issues for the them.155 In other words, if citizens are not discussions related to the development of well informed, they can neither act in their public trust and legitimacy. own self-interest nor have any serious choice process of democratization. 6. legitimation These Transparency and outcomes Accountability: Being Informed in elections; much less offer themselves as candidates.156 In addition, it should be noted that the States must recognize and respect Transparency means that, as a principle, public officials, civil servants, managers and directors of companies and organizations and board trustees have a duty to act visibly, such significant human rights. The citizens should be aware of their own rights, while States are respecting them in order to guarantee them. predictably and understandably to promote participation and accountability.152 EuroAsia MUN 2013 Page 20 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy Other institutions, including the private The headings above cover the main lacking groups and organizations that operate under elements of especially Middle Eastern and public of North African Countries’ governments that Trade triggered the national protests in their humanitarian territories in particular.160 However, many organizations, schools, hospitals, political States in the world have been facing some parties, and other voluntary organizations all problems with the loyalty for those elements must operate under laws and regulations of democratic governance that has the designed to ensure that the interests of their possibility of their domestic problems and a members and the general public are properly need for a compliance with the spirit of served, and that these institutions do not democracy in the international arena.161 For violate the public's trust so that transparency that reason, United Nations Development of such institutions can be implemented and Programme seeks a solution for this problem the transition of new regimes can be with taking the roots from the Arab Spring achieved in a healthier way.157 Era. Transparency and accountability are two of b. Building Legitimacy and Trust the central pillars of good governance; The basic components of all legitimate states transparency is also a necessary precondition are recognized as: a government generally for the exercise of accountability since acknowledged as being in control of a without access to clear, accurate and up-to- nation, a permanent population, defined date information, it is impossible to judge borders whether the standard promised has been international relations.162 However, these are laws, also need accountability and transparency. unions, corporations, standards met.158 Under governance that is truly transparent, effective capacity to enter into not limited for a State to be a stable and accountable, legitimate.163 A government can only be a citizens have access to crucial information legitimate one, on the conditions of: the about how government operates, establishes permanent population’s acceptance of the priorities and makes decisions.159 government 7. Common Ground of the Elements decision-making EuroAsia MUN 2013 and and and high participation processes within in its Page 21 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy capacities; and the upholding of the laws introducing an era in the world's history fairly and consistently.164 pregnant with results beyond the conception Contrary to building legitimacy, there are of a finite mind”.171 certain ways to lose such legitimacy and all The social media played a significant role in governments should refrain from them.165 the protests and riots, first during the British Legitimacy of the governments is not lost in Riots in 2011 where the social media a short period of time.166 First of all, the fall assisted police to find and prosecute looters of the legitimacy means the collapse of basic and rioters because of their unlawful and condition for governing.167 violent acts in 2011.172 Finally this Social media period turns to a place where non-transparent catalyzed the uprising beginning from the decision-making by a ruling class causes first “sharing” of the footages of the people to utterly lose trust in the State and its Tunisian man setting himself on fire, which institutions.168 reached about 196,000 “mentions” in less c. Social Media: Vulnerability of Regimes than a month. 173 The role of the social media in bringing In the light of these outcomes of the events, about the Arab Spring played a significant social media has been regarded as a key part for the development of public trust and forum legitimacy of new governments after the movements play a part in an organizational Arab Spring Era, because of the particular system.174 In the event of the widely usage impact of social media towards the national of social media, it is seen that there have protests.169 been several governmental responses aiming where all kinds of political to prevent specific content from reaching In the aftermath of the Arab Spring, the new digital age, the power of social media has changed rapidly.170 John G. Brownin describes these changes with his words as “a triumph of science and energy over time and space, uniting more closely the bonds of peace and commercial EuroAsia MUN 2013 prosperity, individuals with censorships.175 During the Arab Spring, many people experienced restrictions of government on communication, not only social media pages, but also the Internet as a whole and text messaging as Alexandra Dunn who is a program development officer at the Cairo Page 22 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy Institute for describes: Human “For the Rights vast Studies, majority of it was once believed, the consolidation of democratic governance; requires Egyptians without Internet access or satellite enduring television services, the SMS shutdown was sustained engagement of the international their first experience with government- community to some basic elements of imposed limitations on their ability to democracy as it was mentioned in previous communicate non-political sections.179 Some analysts consider the mere individuals, the shutdown of SMS services fact of elections a sufficient condition for the likely came as a surprise, and it increased existence of democracy, assuming that once people's engagement in the uprising, if only fair and free elections are regularly held, all due to curiosity about the unavailable other democratic institutions and practice services.”176 will naturally follow.180 Consequently, it is deduced that none of the Democracy requires functioning institutions. social or political protests are complete It requires a legislature that represents the without usage of the electronic accessories, people, not one controlled by the president, such as a fast-trending hash tag on Twitter or prime a Facebook page with hundreds of “friends” military.181 communicating through shares in order to judiciary that enforces the rule of law with introduce the movements and to update equal developments.177 functioning political parties and electoral D. UNDP’S PROSPECTIVE METHODS systems; and security forces that are openly. For I. Overview: Democratic Governance and commitment this minister, It concern supported bureaucrats requires for all an by or a the independent people; well- professional, politically neutral and serve the needs of people.182 An accessible media that UNDP Methods is free, independent and unbiased, not one What Fareed Zacharia, who is a well-known Indian-American constitutional Journalist, liberalism in refers to developing countries proves an arduous and hazardous endeavour,178 because only the holding of controlled by the state or by corporate interests but by a vibrant civil society, one that can play an overseer role on government and interest groups, and provide alternative forms of political participation; is of utmost free and fair elections does not guarantee, as EuroAsia MUN 2013 Page 23 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy importance.183 These institutions, sufficient agency to local actors with respect underpinned by democratic values and to core issues and choices.187 respect for human rights, provide checks and In the words of Kofi Annan; “without the balances against the risks of tyranny, and of rule of law, predictable administration, populism, because in democracies populist legitimate power and responsive regulation, politicians can mobilize support by using no amount of funding, no short-term propaganda and appeals to racism and other economic miracle will set the developing forms of intolerance. 184 world on the path to prosperity, without In the light of these words, it can be said good governance, the foundations of society that – both national and international, are built the fundamentals of democratic governance and possible ways to develop on sand”.188 public UNDP trust and legitimacy are This quote summarizes the approach to universal issues complementary subjects because of their regardless of their particularities; as the interdependent qualifications.185 Programme’s In the search for a solution for the Post-Arab experience in measuring democratic governance is at two levels: Spring Era, a set of concerns levelled against cross-country both through its Human Development Report international peace-building and national-level primarily transitional justice, broadly addresses the work extent to which an appropriate balance has through assisting countries establish their been struck between the local and the own monitoring and assessment system and international in terms of agency, input, and processes.189 authority over post-conflict planning and Although the headings below do not cover programming.186 Concerns about striking the every single aspect of governance for which right balance, as will be mentioned later in performance could be measured in general this section, take a number of rhetorical sense; they include the most important forms, and include the worry that post- dimensions of democratic governance in the conflict agendas are externally-driven, that transition process of the post Arab Spring they are planned and implemented in a top- Era190 down manner, or otherwise fail to give democratic EuroAsia MUN 2013 and measurement which require governance measurement supplementary indicators that Page 24 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy respond to and address additional country- and methods such as photographs and specific governance priorities.191 symbols should be adopted to ensure that illiterate voters have adequate information II. Fair Elections on which to base their choice.196 The practice of free and fair elections is a necessary condition of democratic governance and it is very important because of the fact that most of the post Arab Spring To ensure the accountability of representatives for the exercise of legislative and executive powers vested in them, Countries decided to go for a governmental elections are required to be genuine and change.192 Elections serve as a means for periodic.197 In addition to that, states are people to choose their representatives, as a required to take measures to guarantee the mechanism for choosing governments and as necessity of the secrecy of the vote during a device for conferring legitimacy on the the elections.198 political system.193 Voters should be able to form opinions From citizens’ perspective, participation in independently, free of violence or threat of the electoral process is guaranteed by the violence, right to vote and to be elected, which must manipulative interference of any kind. The be established by domestic law.194 The most important principle of the electoral Human Rights Committee of the United cycle is that one person, one vote principle Nations has gone further to say that States should apply to elections and that the vote of parties must also take steps to overcome one elector should be equal to the vote of specific difficulties that citizens may face in another.199 the exercise of their voting rights, such as Regular elections ensure that the citizens are illiteracy, language barriers, poverty, or not stuck with bad leadership but that they impediments to freedom of movement which have prevent persons entitled to vote from incompetent leaders through free and fair exercising their rights effectively.195 It has elections. Free and fair elections give the suggested, that citizens a chance to elect a leader of their information and materials about voting choice as opposed to rigging elections that should be available in minority languages return often unwanted leaders to power. by way EuroAsia MUN 2013 of example the compulsion, opportunity inducement to throw or out Page 25 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy In addition to that, a culture of accepting the Respect for human rights forms part of the results of elections is also needed for the normative legitimation process of new regimes.200 Once governance; the UN Charter and the free and fair elections are held and a winner Universal Declaration of Human Rights, clearly emerges, the loser of the elections together with two International Covenants should without resistance evacuate office (on Economic, Social and Cultural Rights, and hand over the instruments of power to and on Civil and Political Rights), provide the winner. However, it is also important the global framework for recognizing and that once voted into power, the leaders protecting should rule for the benefit of all citizens International Bill of Rights is supported by regardless of the fact that some did not vote five International Conventions that protect for them.201 the rights of women, children and migrant Elections are the main avenue for all citizens workers, as well as seeking to eliminate to exercise power by choosing their leaders racial discrimination and torture. These and giving their vote to the candidate whom covenants and conventions are legally they think will represent them best. Only in binding,204 and signatories have reporting this way representatives will be really obligations to the relevant committees elected by the whole population and the charged with monitoring their observer.205 legitimized will be achieved in the transition Domestic laws embodying human rights are process of post Arab Spring Era. one of the most important steps towards foundations of democratic rights.203 human This ensuring that States fulfil their international III. Human Rights human rights obligations,206 and by the Unlike dictatorships, democracies strive to fulfilment of international human rights protect the rights and freedoms of their obligations, states will be more democratic citizens from abuse. These rights include the and right to life, the right to own property, the completed successfully.207 freedom of expression, the freedom to associate, and the freedom to assemble, among others.202 EuroAsia MUN 2013 the Human legitimation rights define process the will be relationship between individuals and groups with valid claims (right holders), and state and nonPage 26 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy state actors with corresponding obligations as the capacities of state institutions (duty bearers).208 Promoting and ensuring a as duty bearers to promote and human rights based approach, requires three protect human rights on the ground; important steps: identifying the different identifying and using indicators for groups of rights or claimholders among the ensuring the incorporation of human poor in order to assess their degree of rights principles in the design; empowerment and their capacities to claim human rights; distinguishing the implementation and monitoring of development programmes and corresponding groups of duty bearers and identifying and using indicators to assessing their level of compliance and their determine capacities to comply; and evaluating the programmes on furthering human extent and nature of the dialogue between rights in the country.”211 claim-holders and duty-bearers.209 the likely impact of Human rights combine the two sides: UNDP has also produced specific guidance positive and negative freedoms.212 States for developing and selecting human rights must not block the protection of negative indicators: Indicators for Human Rights freedom, such as the freedom of speech.213 Based Approaches to The protection of positive freedom, on the UNDP Guide other hand, guarantees that States have the (2006).210 The Guide specifies four critical right to undertake actions as long as those do areas for using indicators: not interfere with another person’s rights, Programming, Development in A Users “understanding the human rights such as the economic, social and cultural situation at the country level through rights.214 the of The fundamental freedoms lay on the basis indicators that can be used to of the spirit of democracy, that people can be provide an assessment of the baseline active citizens who get involved in political human rights situation; matters and are able to express their identification understanding the and use capacities of concerns and promote their interests. individuals and groups as rights Therefore such rights are crucial for any holders to claim their rights as well democracy; as they create an easier and EuroAsia MUN 2013 Page 27 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy healthier path for the post Arab Spring Era in would the journey of legitimization. development strategies articulated by the IV. Internal Dynamics and the Role of the then recipient be country based with on legitimate the broad participation of civil society.219 By inhibiting State negative accrual, genuine partnerships for The renewed emphasis on democracy and good governance questions the extent to which recipient states are provided with the sufficient space to articulate their own development strategies and political development models; each country needs to make its own choices and craft its own democratic institutions according to its development, in turn, will significantly enhance aid effectiveness and influence the prospects for sustaining the reforms engaged. To respond the problems of ownership and aid coordination, aid policies could significantly increase its impact by reinvigorating the concept and practice of partnership.220 particular cultural, political and historical circumstances.215 To circumvent the traditional agency problem, Ravi Kanbur, Secondly, development partnerships will be more beneficial on political who is a professor of economics, suggests foundations; adopting a “common pool” approach to partnerships development assistance.216 States would first recognized as a legitimate basis for effective develop its own strategy, programs, and cooperation. It refers partnership as the projects, primarily in consultation with its genuine firm are development increasingly being “highest stage of working relationship own people but also in dialogue with the between different people brought together by international organizations such as United commitment to common objectives, bonded Nations.217 Experiences of such an approach by long experience of working together, and have been developed in recent years, in the sustained by subscription to common visions form of national plans for good governance. in the process of development”.221A path to It would then present its plans to the further pursue may be that of establishing organizations,218 put political pacts for governance reform. A pact unrestricted and untied financing into a for governance reform would outline the common pool. International cooperation shared objectives and mutual obligations of EuroAsia MUN 2013 which would Page 28 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy the cooperation and the corresponding information they receive to use it in their performance indicators. It would spell-out daily lives and to hold the media accountable the reciprocal commitments and mutual for its actions; are of utmost significance.224 obligations of donors and the recipients.222 These In light of these suggestions a new regime professionals adhering to the highest ethical can be more democratic and can maintain and professional standards designed by public trust with also the help of post practitioners, serve as the fundamental conflicts’ internal actors within the state. In infrastructure this way the transition process can be expression can prevail. On this basis, media completed in a convenient manner. civil society engages with authorities and elements, on along which with media freedom of decision-makers, information flows through V. Access to Information and Media and between communities. 225 A well-informed component therefore, fundamental of citizenry democratic access in to is a governance; information bolstering key is democratic VI. International Dimensions in the Search for international Legitimacy Most of the states believe that the principles of openness, transparency and democratization process should be supported accountability.223 The media plays a key role with their foreign policy as a moral value in providing citizens with information. that provides the basic equality of all human However, in order to make freedom of beings and self-determination.226 In today’s expression a reality; there must be a legal world, the democratic peace idea that and regulatory environment that allows for resulted with the democratization process an open and pluralistic media sector to has captivated many policymakers as a tool emerge, a political will to support the sector for preventing conflicts whether it has and rule of law to protect it. Laws ensuring international or national characteristic.227 access to information, especially information Also, this process has a key role when the in the public domain; and the necessary international political tension are presented media literacy skills among news consumers with regards to the risk of violence that to critically analyze and synthesize the could threaten oil supplies which might cause increasing their volatility.228 EuroAsia MUN 2013 Page 29 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy In addition, in today’s world, it is seen that The terminology used differently according many States have become a party to the to the points of view: (according to media, International treaties that are one of the vital protesters, governments or according to the ways the international organizations) to qualify such international level. In this way, these movements revolves around the notions of countries’ governments have voluntarily “non-state obligated movements”, to recognize democracy at themselves armed groups”, “insurgencies”, “rebel seen as to govern such treaties’ relatively neutral labels which avoid the provisions are concerned with the human partiality and moral judgment inherent in rights.229 For instance, Algeria, Bahrain, ambiguous Djibouti, Egypt, Jordan, Kuwait, Libya, organizations” or “freedom fighters”. Those Mauritania, Morocco, Syria and Tunisia are ideology shaped perspectives, are switched the States that became party to the ICCPR in by the governmental changes in the post which Article 25 goes: “Every citizen shall Arab Spring Era in particular, and because of have the right and the opportunity, without that fact, the problem of “dealing with the any of the distinctions mentioned in Article 2 past” arises. and without unreasonable restrictions: to Government accountability is one of the take part in the conduct of public affairs, main tools of a democratic governance to directly chosen ensure peace in the area, because this is the representatives; to vote and to be elected at only way to embrace all quantities of the genuine periodic elections which shall be by society. Accountability requires that public universal and equal suffrage and shall be officials, elected or unelected, have an held by secret ballot, guaranteeing the free obligation to explain their decisions and expression of the will of the electors; to have actions access, on general terms of equality, to accountability can be achieved through a democratically or when through freely public service in his country.” to terms the such citizens. as “terrorist Government 230 number of mechanisms. These can be VII. Transitional Justice, Accountability political, legal or administrative mechanisms and “Dealing with the Past” designed to fight corruption and to ensure that public officials remain answerable and EuroAsia MUN 2013 Page 30 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy accessible to serve. police, courts and judiciary are male Government accountability can be achieved dominated. Women may find it difficult to through political get fair representation and may experience liability of public officials is determined by discrimination or abuse when they seek to do whether the officials occupy an elected so.232 the the people following they ways: versus appointed position, how often they VIII. Decentralized Governance are subjected to re-election and the number of terms they can serve in a political office, the legal accountability mechanisms include instruments like the constitution, legal acts, decrees, rules and regulations that prescribe actions that such public officials can and cannot take and how citizens may take action against those officials whose conduct In governance and public administration, decentralization is commonly regarded as a process through which powers, functions, responsibilities and resources are transferred from central to local governments and/or to other decentralized entities.233 In practical terms, decentralization is a process of striking a balance between the claims of the is considered unsatisfactory.231 periphery and the demands of the centre.234 Besides, in many countries, the weak parts Decentralization, of the society (ethnic, religious, political structured, provides an arrangement through minorities and other marginalized groups) in which critical issues (such as those of rural areas far from police stations and the national unity and indivisibility, how to courts; may also experience difficulties in safeguard national interests and ensure finding legal representation. They are also coordinated and even development, equity in often over represented in the number of the distribution of resources, diversity, and those arrested, charged and held in detention, local autonomy) can be reconciled.235 Many and the ability of the police, courts and states have made efforts to decentralize their prisons to provide fair and humane treatment political and administrative systems since is critical for the protection of this the Arab Spring. These efforts have met with population. Women also tend to suffer varying degrees of vigour and success disproportionately because each country responds in its own under inefficient or corrupt justice systems. In many areas the EuroAsia MUN 2013 way to when unprecedented appropriately changes and Page 31 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy challenges in its administrative and political increasing overall quality and effectiveness performance.236 of the system of governance while increasing Decentralization is a broad concept that can the authority and capacities of sub-national be both a means to improve the efficiency levels.238 and effectiveness of public services as well Therefore, in order to have a proper process as a way to promote the broader values of of transition in the Arab Spring Era, it can be pluralistic, It concluded with the experiences of MENA financial, Countries, there is a need for more than one administrative and legal authority from dimension, and one of the requirements of central government to regional/sub-national measuring public trust and the legitimacy in and local governments. Different forms of the decentralization can be distinguished based decentralization since this system enables on the extent to which power and authority is the public administration to meet and being transferred and/or the type of authority respond the needs of the people in the local being transferred or devolved, for example: level easily. implies participatory transfer of democracy. political, deconcentration from central government search for democratization is E. CONCLUSION departments to local offices; delegation to semi-autonomous organizations; devolution to local governments; or transfer to non- Few people could have predicted the range of events that was started with a humble seller, Mohamed Bouazizi, ending up with governmental organizations.237 several regimes changed. Such uneven In the view of the United Nations Economic changes of 2011 and 2012 were considered and Social Council Committee of Experts on as a transition period that the nations must Public decentralization go through to achieve democracy. Many refers to the restructuring or reorganization people lost their lives and many changes of governmental authority in such a manner occurred in the constitutions of several as to establish a system of co-responsibility States. Administration, between institutions of governance at the central, regional and local levels according to the principle EuroAsia MUN 2013 of subsidiarity, thus Events occurred during that time are not discussed broadly as a recitation of events. Page 32 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy Today, the political outcomes of the Arab F. POINTS THAT A RESOLUTION Spring are discussed by a considerable SHOULD COVER number of people. There are several reasons In the light of the issues explained in the why this is called as a new era. Basic reason previous is considered as the world has been Development Programme is expected to pass witnessing stirrings of democratic change. sections, the United Nations 239 a comprehensive resolution that covers the It is expected that the world’s commitment to democracy will support growth and improve the quality of life for billions in the points below: The advices of the Committee for developing public trust in democratic world.240 societies The basic values and rights have taken part in a significant level in the society. It is figured out that the democracy is one of the periodically. Consequently, the world is expected to see the new era that is intended the The advices of the Committee related The stance of to the the Committee access to The opinion of the Committee for providing democratic transition goal, the accountability of representatives for powers must be elected genuinely and of information and media the key issues to aim at building the public the exercise of legislative and executive recommendations regarding 241 trust in the society. In order to achieve this The to the outcomes of the Arab Spring changes in the aftermath of the Arab Spring The accountability of governments is one of the the democratic governance in States Apart from the political outcomes of the in terms of the foundation of the States. of Committee regarding to the sustain world. This played a significant role in the Arab Spring, there have been many vital recommendations Committee for building legitimacy core values for many people all around the democratic transitions. The The opinion of the Committee for decentralization of government The recommendations of the Committee regarding the prospective methods to build democratic governance towards democracy. EuroAsia MUN 2013 Page 33 United Nations Development Programme Democratic Governance in Post-Arab Spring Era: Developing Public Trust and Legitimacy Bibliography 1 United Nations Development Programme. (2013). A world of development experience. Available: http://www.undp.org/content/undp/en/home/operation s/about_us.html. Last accessed 1st Nov 2013. 2 Ibid 3 Ibid 4 United Nations Development Programme. (2013). Information note about the Executive Board of UNDP, UNFPA and UNOPS. Available: http://web.undp.org/execbrd/overview.shtml#decision s. Last accessed 1st Nov 2013. 5 Ibid 6 Ibid 7 John G. Browning. (2013). Democracy Unplugged: Social Media, Regime Change, And Governmental Response In the Arab Spring. Michigan State International Law Review. 21 (1), 63-83. 8 The Guardian. (2012). Arab spring: an interactive timeline of Middle East protests. Available: http://www.theguardian.com/world/interactive/2011/ mar/22/middle-east-protest-interactive-timeline. Last accessed 1st Nov 2013. 9 John Liolos. (2013). Erecting New Constitutional Cultures: The Problems and Promise of Constitutionalism Post-Arab Spring. Boston College Internationa and Comparative Law Review. 36, 213254 10 Ibid. 11 John G. Browning. (2013). Democracy Unplugged: Social Media, Regime Change, And Governmental Response In the Arab Spring. Michigan State International Law Review. 21 (1), 63-83. 12 Ibid 13 John Liolos. (2013). Erecting New Constitutional Cultures: The Problems and Promise of Constitutionalism Post-Arab Spring. Boston College Internationa and Comparative Law Review. 36, 213254 14 John Liolos. (2013). Erecting New Constitutional Cultures: The Problems and Promise of Constitutionalism Post-Arab Spring. 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