UNDP – EuroAsia 2013

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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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,
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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
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any
restriction
or
improper
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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
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is
Charter
a
declares,
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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
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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
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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
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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
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and
and
and
high
participation
processes
within
in
its
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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
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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
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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
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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
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and
measurement
which
require
governance
measurement
supplementary
indicators
that
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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
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of
example
the
compulsion,
opportunity
inducement
to
throw
or
out
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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
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the
Human
legitimation
rights
define
process
the
will
be
relationship
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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
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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
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which
would
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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
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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
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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
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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.
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Democratic Governance in Post-Arab Spring Era: Developing Public
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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.
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Democratic Governance in Post-Arab Spring Era: Developing Public
Trust and Legitimacy
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11
John G. Browning. (2013). Democracy Unplugged:
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12
Ibid
13
John Liolos. (2013). Erecting New Constitutional
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14
John Liolos. (2013). Erecting New Constitutional
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Democratic Governance in Post-Arab Spring Era: Developing Public
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33
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34
Valerio Bosco (2012) The UN response to the Arab
Spring: challenges and opportunities Quarterly,
volume 9 p.80-90
35
UN News Center, Secretary General’s Opening
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2011
36
Valerio Bosco (2012) The UN response to the Arab
Spring: challenges and opportunities Quarterly,
volume 9 p.80-90
37
Ibid
38
Ibid
39
Ibid
40
26 February 2011, United Nations Security Council
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http://www.un.org/en/ga/search/view_doc.asp?symbo
l=S/RES/1970(2011)
41
17 March 2011 United Nations Security Council
Resolution S/RES/1973 (2011)
http://www.un.org/en/ga/search/view_doc.asp?symbo
l=S/RES/1973(2011)
42
Valerio Bosco (2012) The UN response to the Arab
Spring: challenges and opportunities Quarterly,
volume 9 p.80-90
43
Sir Mark Lyall Grant (2012) THE UN’S
RESPONSE TO THE ARAB SPRING AND THE
EVOLVING ROLE OF THE SECURITY COUNCIL
Address to UN APPG, Houses of Parliament.
44
Ibid
45
Ibid
46
Catherine Maffucci-Hugel and Zoltan Taubner
(2012). The Council of Europe's response to the Arab
Spring. Security and Human Rights No:3
47
Ibid
48
Ibid
49
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Information Document Available:
\https://wcd.coe.int/ViewDoc.jsp?id=1767825&Site=
CM Last accessed 1st Nov 2013
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50
Ibid
Ibid
52
ANA ECHAGU¨ E, HE´LE`NE MICHOU &
BARAH MIKAIL (2011) Europe and the Arab
Uprisings: EU Vision versus Member State Action,
Mediterranean Politics,
Vol. 16, No. 2, 329–335.
53
Ibid.
54
Ibid
55
European Commission and High Representative of
the EU for Foreign Affairs and Security Policy, A
Partnership for Democracy and Shared Prosperity
with the Southern Mediterranean, COM(2011) 200
final; 8 March 2011.
56
Ibid.
57
European Commission and High Representative of
the EU for Foreign Affairs and Security Policy, A
Partnership for Democracy and Shared Prosperity
with the Southern Mediterranean, COM(2011) 200
final; 8 March 2011.
58
Ibid.
59
Del Sarto, R. A. & Schumacher, T. (2011) From
Brussels with love: leverage, benchmarking, and the
action
planswith Jordan and Tunisia in the EU’s
democratization policy, Democratization, 18(4), pp.
932–955
60
This phrase is most commonly used to designate
the wave of anti-authoritarian protests which began
inTunisia in December 2010. Although frequently
used, it is analytically questionable (see ElMahdi, R.
(2011) ‘Orientalising the Egyptian uprising’,
Jadaliyya, 11 April. Available at
http://www.jadaliyya.com/pages/index/1214/orientali
sing-the-egyptian-uprising ). This article uses ‘Arab
Uprisings’ instead, to comprise the failed, successful
and ongoing revolt
processes.
61
Del Sarto, R. A. & Schumacher, T. (2011) From
Brussels with love: leverage, benchmarking, and the
action
planswith Jordan and Tunisia in the EU’s
democratization policy, Democratization, 18(4), pp.
932–955
62
Ibid.
63
ANA ECHAGU¨ E, HE´LE`NE MICHOU &
BARAH MIKAIL (2011) Europe and the Arab
Uprisings: EU Vision versus Member State Action,
Mediterranean Politics,
Vol. 16, No. 2, 329–335.
64
Ibid.
65
Ibid.
51
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Trust and Legitimacy
66
Ibid.
Detailed aecount of developments concerning the
OSCE Partnership can be found in the
Background Paper for the 2010 Review Conference
on co-operation with the Partners
circulated under RC.GAL/23/lO/REV.l on 22 October
2010.
68
Rita Marascalchi (2012) The OSCE response to the
Arab Spring and the implications for the OSCE
Mediterranean Partnership. Security and Human
Rights no:3p.175-183
69
Ibid.
70
Ibid.
71
Ahram Online Amnesty International Slams
Western Reactions Towards Arab Spring
67
http://www.jadaliyya.com/pages/index/3973/amnestyinternational-slams-western-reactions-towa
72
February 1, 2013) World Report 2013: Challenges
for Rights After Arab Spring
http://www.hrw.org/news/2013/01/31/world-report2013-challenges-rights-after-arab-spring
73
Ahram Online Amnesty International Slams
Western Reactions Towards Arab Spring
http://www.jadaliyya.com/pages/index/3973/amnestyinternational-slams-western-reactions-towa
74
(February 1, 2013) World Report 2013: Challenges
for Rights After Arab Spring
http://www.hrw.org/news/2013/01/31/world-report2013-challenges-rights-after-arab-spring
75
Ibid.
76
Christopher Albin-Lackey (2010) Without Rules
A Failed Approach to Corporate Accountability
http://www.hrw.org/worldreport/2013/essays/without-rules
77
(February 1, 2013) World Report 2013: Challenges
for Rights After Arab Spring
http://www.hrw.org/news/2013/01/31/world-report2013-challenges-rights-after-arab-spring
78
Ibid.
79
Ibid
80
Ibid.
81
Ibid.
82
Ibid.
83
Ibid.
84
Ibid.
85
Christopher Albin-Lackey (2010) Without Rules
A Failed Approach to Corporate Accountability
http://www.hrw.org/worldreport/2013/essays/without-rules
EuroAsia MUN 2013
86
Juliane Kippenberg (2011) Lives in the
BalanceThe Human Cost of Environmental Neglect
http://www.hrw.org/world-report/2013/essays/livesbalance
87
Reis, Greamme. (2013)The Trouble With Tradition
When "Values" Trample Over Rights
http://www.hrw.org/worldreport/2013/essays/trouble-tradition
88
February 1, 2013) World Report 2013: Challenges
for Rights After Arab Spring
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89
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91
Ibid
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Samuel P. Huntington. (1991). DEMOCRACY'S
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93
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94
Samuel P. Huntington. (1991). DEMOCRACY'S
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95
Ibid.
96
Ibid.
97
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99
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100
Ibid
101
Samuel P. Huntington. (1991). DEMOCRACY'S
THIRD WAVE. Journal of Democracy. 2 (2), 13.
102
Ibid
103
Ibid
104
Ibid
105
United Nations Economic and Social Council
E/C.16/2006/4 Definition of basic concepts and
terminologies in governance and public
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Trust and Legitimacy
administration (27-31 March 2006)
http://unpan1.un.org/intradoc/groups/public/document
s/un/unpan022332.pdf
106
Ibid
107
Tom Christiano (2006). Democracy. Stanford
University Press.
108
Ibid.
109
Ibid
110
Ibid
111
Ibid
112
"Aristotle, Politics.1317b (Book 6, Part II)".
Perseus.tufts.edu. Retrieved 2010-08-22.
113
U.S. Department of State, Democracy in Brief
(Global Publishing Solutions), 4.
114
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115
Ibid.
116
Torsten, Persson. (1997) Seperation of Powers and
Political Accountability.
117
Diamond, Larry & Leonardo Morlino. (2005).
Assessing the Quality of Democracy. JHU Press
118
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Ibid
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Peter Barenboim (2009) , Defining the rules, The
European Lawyer, Issue 90.
124
Ibid.
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U.N. Charter, pmbl. Importantly, the Charter
requires that human jights be respected and observed
"for all without distinction as to . . . sex . . . or
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130
Id. art. 56.
131
Id. art. 55, para. c. The duty of universal respect
and observance is necessarily operative both
internally and externally. It appUes in all social
contexts and is without geographic or temporal
Umitations. Any limits regarding the reach of human
rights are found in human rights law, and, as often
recognized, some human rights are absolute and nonderogable.
132
Concepts and Principles of Democratic
Governance and Accountability, published under the
project: ‘Action for Strengthening Good Governance
and Accountability in Uganda’ by the Uganda Office
of the Konrad- Adenauer-Stiftung. Project Director:
Dr Angelika Klein
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134
International Covenant on Civil and Political
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135
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139
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Mark Nugent (July 23, 2013). "The Fight for Food
Rights (Review of Life, Liberty, and the Pursuit of
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Mark Nugent (July 23, 2013). "The Fight for Food
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Food Rights: The Escalating Battle Over Who
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American Conservative
145
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Ibid.
150
Klein, Angelika (2011)Concepts and Principles of
Democratic Governance and Accountability, A
Project that is supported by the European Union.
Konrad Adenauer Shifting Uganda Office
151
Ibid.
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154
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155
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156
Ibid
157
Ibid
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160
Ibid
161
Ibid
162
Nicholas (Cole) Fegen. (2012). COMMENT:
THICK OR THIN? DEFINING RULE OF LAW:
WHY THE "ARAB SPRING" CALLS FOR A THIN
RULE OF LAW THEORY. the University of
Missouri UMKC Law Review, 1187.
163
Ibid
164
Ibid
165
Ibid
166
Ibid
167
Ibid
168
Ibid
169
John G. Browning. (2013). Democracy
Unplugged: Social Media, Regime Change, And
Governmental Response In the Arab Spring.
Michigan State International Law Review. 21 (1), 6383
170
Ibid
171
Ibid
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The Guardian. (2011). UK riots 2011. Available:
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accessed 1st Nov 2013.
173
John G. Browning. (2013). Democracy
Unplugged: Social Media, Regime Change, And
Governmental Response In the Arab Spring.
Michigan State International Law Review. 21 (1), 67
174
Ibid.
175
Ibid.
176
Alexandra Dunn, Unplugging a Nation: State
Media Strategy During Egypt's January 25 Uprising,
35 FLETCHER F. OF WORLD AFF. 15, 16 (2011),
available :http://fletcher.tufts.edu//media/Fletcher/Microsites/Fletcher%20Forum/PDFs/
201 Last accessed 1st Nov 2013..
177
John G. Browning. (2013). Democracy
Unplugged: Social Media, Regime Change, And
Governmental Response In the Arab Spring.
Michigan State International Law Review. 21 (1), 6385
178
Fareed Zakaria, »The Rise of Illiberal
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Democratic Governance in a post-2015 Development
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2013 Available at:
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United Nations Development Programme
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Trust and Legitimacy
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cratic%20Governance/OGC/Post2015%20governance
%20metrics%20_14%20Aug.pdf
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Ibid.
181
UNDP (2002) HUMAN DEVELOPMENT
REPORT 2002 Deepening democracy in a
fragmented world. New York, Oxford. Oxford
University Press
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Ibid
183
Ibid
184
Ibid
185
Discussion Paper: Measuring Democracy and
Democratic Governance in a post-2015 Development
Framework, August 2012.
http://www.undp.org/content/dam/undp/library/Demo
cratic%20Governance/OGC/Post2015%20governance
%20metrics%20_14%20Aug.pdf
186
Ibid
187
See, for example, Richmond, 44 Intl Spectator: Ital
J Intl Aff at 161-63 (cited in note 17) (discussing the
tendency toward top-down institution building in a
variety of "liberal" interventions); Andrieu, 41 Sec
Dialogue at 541 (cited in note 17) (noting that
"transitional justice seems to be strongly under the
influence of [a] top-down state-building approach");
Sriram, 21 Global Socy at 591 (cited in note 20)
(noting that "[t]ransitional justice, and in particular
trials, are frequently imported from the outside and
occasionally externally imposed").
188
Kofi Annan, »Address to the United Nations
Association of Canada« (Toronto, Canada: 3
December 1997, SG/SM/6412).
189
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%20metrics%20_14%20Aug.pdf Last accessed 1st
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190
Ravi Kanbur and Todd Sandler with Kevin M.
Morrison, »The Future of Development Assistance«,
(Washington, DC: Overseas Development Council,
Policy Essay no. 25, 1999).
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Defining Civil and Political Rights, the
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Edition, Ashgate Publication p.100
195
Ibid
196
Ibid
197
Ibid
198
Ibid
199
Ibid
200
Klein, Angelika (2011)Concepts and Principles of
Democratic Governance and Accountability, A
Project that is supported by the European Union.
Konrad Adenauer Shifting Uganda Office
201
Klein, Angelika (2011)Concepts and Principles of
Democratic Governance and Accountability, A
Project that is supported by the European Union.
Konrad Adenauer Shifting Uganda Office.
202
Klein, Angelika (2011)Concepts and Principles of
Democratic Governance and Accountability, A
Project that is supported by the European Union.
Konrad Adenauer Shifting Uganda Office.
203
United Nations Development Programme. (2006).
Measuring Democratic Governance. Available:
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en/publications/democratic-governance/dgpublications-for-website/measuring-democraticgovernance/Framework%20paper%20%20entire%20paper.pdf. Last accessed 1st Nov 2013.
204
Ibid
205
Ibid
206
Ravi Kanbur and Todd Sandler with Kevin M.
Morrison, »The Future of Development Assistance«,
(Washington, DC: Overseas Development Council,
Policy Essay no. 25, 1999).
207
Klein, Angelika (2011)Concepts and Principles of
Democratic Governance and Accountability, A
Project that is supported by the European Union.
Konrad Adenauer Shifting Uganda Office.
208
Ravi Kanbur and Todd Sandler with Kevin M.
Morrison, »The Future of Development Assistance«,
(Washington, DC: Overseas Development Council,
Policy Essay no. 25, 1999).
Page 39
United Nations Development Programme
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Trust and Legitimacy
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United Nations Development Programme. (2006).
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210
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211
which can be accessed at the UNDP Oslo
Governance Centre’s website at
http://www.undp.org/oslocentre/
212
Klein, Angelika (2011)Concepts and Principles of
Democratic Governance and Accountability, A
Project that is supported by the European Union.
Konrad Adenauer Shifting Uganda Office.
213
Ibid
214
Ibid
215
Ravi Kanbur and Todd Sandler with Kevin M.
Morrison, »The Future of Development Assistance«,
(Washington, DC: Overseas Development Council,
Policy Essay no. 25, 1999).
216
Ibid
217
Ibid.
218
Ibid.
219
Ibid.
220
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ound.shtml. Last accessed 6th Nov 2013
221
Mohiddin, A (1998). Partnership: a new buzzword or realistic relationship? Development 41 (4),
pp. 5-12. Last accessed in 7 Nov. 2013.
222
Ibid.
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Measuring Democratic Governance. Available:
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en/publications/democratic-governance/dgpublications-for-website/measuring-democraticgovernance/Framework%20paper%20%20entire%20paper.pdf. Last accessed 1st Nov 2013.
224
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Day. Available:
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225
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en/publications/democratic-governance/dgpublications-for-website/measuring-democraticgovernance/Framework%20paper%20%20entire%20paper.pdf. Last accessed 1st Nov 2013.
226
Common interests, closer allies: how democracy in
Arab states can benefit the west? P. 350
227
Ibid.
228
Ibid.
229
Ibid.
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Article 14, International Covenant on Civil and
Political Rights Available at:
http://www.ohchr.org/en/professionalinterest/pages/cc
pr.aspx Last accessed: 7th Nov 2013
231
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233
Department of Economic and Social Affairs of the
United Nations, Decentralized Governance for
Democracy, Peace, Development and Effective
Service Delivery, 2005.
234
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—
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235
Department of Economic and Social Affairs of the
United Nations, Decentralized Governance for
Democracy, Peace, Development and Effective
Service Delivery, 2005.
236
Ibid.
237
Cheema, G. Shabbir and Dennis A. Rondinelli,
Decentralization and Development: Policy
Implementation in developing Countries, Beverly
Hills, Sage Publications, 1983.
238
United Nations Economic and Social Council
Committee of Experts on Public Administration,
Compendium of basic terminology in governance and
public administration E/C.16/2006/4
239
Bloomberg. (2012). In the Arab Spring's
Aftermath, Democracy Retreats. Available:
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Last accessed:1st Nov 2013.
240
Ibid
241
Ibid.
Page 40
United Nations Development Programme
Democratic Governance in Post-Arab Spring Era: Developing Public
Trust and Legitimacy
EuroAsia MUN 2013
Page 41
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