UNIT FOUR 1. THE ROLE OF CIVIL SOCIETY IN GOVERNANCE Objectives The main objective of this unit is to relate civil society to good governance and also expose some prospects and challenges associated with civil society in influencing governance outcomes in developing countries. 4.1 Introduction Since 1990s, governance has come to dominate development debates. It has even emerged as a very sensitive issue in the relations between rich countries and developing countries. It is taken as one of the main criteria for donors to define their policies and make decisions around the allocation of official development aid to developing countries. The provision of budget support critically depends on a set of governance conditions in partner countries. Donor countries view good governance as an essential condition to promote sustainable development, poverty alleviation and economic development. 1.1. What is good governance? There are many and different ways in which good governance is defined. Good governance refers to the sound and competent management of a country’s resources and affairs. Good governance is the system of values, policies and institutions by which a society manages its economic, political and social affairs, through interactions within and among the state, civil society and private sector. It is the way a society organizes itself to make and implement decisions, achieving mutual understanding, agreement and action. Governance comprises mechanisms, processes and institutions for citizens and groups to articulate their interests, mediate their differences and exercise their legal rights and obligations (UNDP, 2000). Good governance is the process of decision-making and the process by which decisions are implemented (or not implemented) (UNESCAP website). The term is applied to the exercise of power and process of decision making and implementation in a variety of institutional contexts. It involves building consensus, or obtaining consent or acquiescence necessary to carry out a programme, in an area where different interests are in play. Good governance needs to fulfil two important purposes: 1) Pushing rulers to be more accountable to populations over which they claim authority 2) Facilitate a relationship of bargaining through which the interests of the state and those of society can be adjusted to each other so that the exercise of power can be legitimate in the eyes of those subjected to it. 1 At all levels, there will always be those who govern and the governed and there are different governing techniques that are employed such as authoritarian or democratic rule. Democracy is the most popular and widely accepted form of rule particularly in the 21st century. But you will also notice that there are varieties of democracy: liberal and what has been termed pseudo or hybrid regimes which combine both tenets of democracy and authoritarianism. Liberal Democracies allow for not just free and fair elections, but give chance to anyone seeking office to do so without hindrance, support a vibrant civil society, the rule of law, access to alternative sources of information etc. Characteristics of good governance Good governance has 8 major characteristics. These are participatory, consensus oriented, accountable, transparent, responsive, effective and efficient, equitable and inclusive and rule of law (UNESCAP website)1. i. Participation Citizen participation in the process of decision making is a key cornerstone of good governance. Participation could be either direct or through legitimate intermediate institutions or representatives. Effective communication channels are required to enhance people’s participatory governance processes to enable the public to express issues of concern and the public officials have an opportunity to respond to raised concerns. Public discussions, freedom of association and expression are all necessary ingredients for participation. ii. 1 Rule of law http://www.unescap.org/pdd/prs/ProjectActivities/Ongoing/gg/governance.asp 2 This measures the quality of contract enforcement, the police, and the courts, as well as the likelihood of crime and violence. Good governance requires fair legal frameworks that are enforced impartially. It also requires full protection of human rights, particularly those of minorities and marginalized sections. Enforcement of laws requires an independent judiciary and an impartial and incorruptible police force. iii. Transparency Transparency describes the availability and increased flow to the public of timely, comprehensive, relevant, high-quality and reliable information concerning government activities. It requires government to promote transparency in all operational activities especially in establishing accounting standards for performance monitoring and public finance management. Those governed should to some degree be able to observe what those who govern are doing. It also entails that decisions taken and their enforcement by those who govern are done in a manner that follows rules and regulations. iv. Responsiveness Public institutions should be responsive to society and pay attention to the needs and demands of all stakeholders. Service delivery should not be seen as a favour but an obligation among public servants. It also requires facilitating constructive communication between the citizens and the government, with the former providing information not only about their needs and demands but also feedback and criticisms on the latter’s performance. v. Consensus oriented Good governance requires mediation of the different interests in society on what is in the best interest of the whole community and how this can be achieved. vi. Equity and inclusiveness A society’s well being depends on ensuring that all its members feel that they have a stake in it and do not feel excluded from the mainstream of society. This requires all groups, but particularly the most vulnerable, to have opportunities to improve or maintain their well being. vii. Effectiveness and efficiency Good governance means that processes and institutions produce results that meet the needs of society while making the best use of resources at their disposal. The concept of efficiency in the context of good governance also covers the sustainable use of natural resources and the protection of the environment. viii. Accountability 3 Accountability describes the essence of the relationship between the government and those who are governed; the greater the accountability, the more the government responds to the needs and expectations of the public it serves. Not only governmental institutions but also the private sector and civil society must be accountable to the public and to their institutional stakeholders. Accountability cannot be enforced without transparency and the rule of law. 4.2 The Role of Civil Society in promoting Good Governance Good governance results from active participation and involvement of the key agents of governance: the government and citizen groups. The former being the supply-side of governance and the latter being the demand-side of governance. To effectively address governance issues such as inefficiency, non-responsiveness, weak accountability, and abuse of discretion, initiatives to strengthen accountability cannot be confined to one set of actors or one type of actions alone. Public accountability must be reinforced across multiple dimensions, empowering and developing the capacity of all stakeholder groups. Good governance is an essential condition for strengthening institutions, and making governments more open and accountable and even transforming the whole political context to make them more democratic and responsive to the needs and wishes of those who are powerless and voiceless and thereby improve the quality of their lives. The translation of government to improve the lives of the poor is expected to happen through the mediation of civil society. Civil society is seen as essential in: i. limiting the power of the state by ensuring accountability; ii. monitoring and defending human rights and strengthening the rule of law; iii. monitoring the democratic process; iv. educating citizens about effective citizenship (rights and responsibilities); v. building a culture of tolerance and civic engagement; vi. incorporating marginal groups into the political process; vii. providing means autonomous from the state to raise the level of development; viii. information sharing; and ix. building a constituency for political and economic reforms. 4.2.1 Civil Society involvement in Policy processes There are in general four main ways in which CSOs may attempt to influence public policy; collaboration, confrontation, complementary activities and/or consciousness raising. The particular action that CSOs take will reflect not only their preferences, but the political context in which they operate. 4 Among methods CSOs use to have their voice heard include Lobbying and advocacy. Lobbying is trying to persuade (convince, sway somebody’s mind), be it a Minister, a Member of Parliament, a Government or an official organised group that a particular identified thing should or should not happen or that a law should be changed. To advocate is to publicly support or propose an idea, development or manner of doing things. Lobbying tactics are many and can be direct or indirect. The choice of method to use depends on a number of factors including the availability of resources; nature of the issue at hand and; the institutional force (importance of the office). Civil society maintain contacts with strategic people in different areas such legislative wings, courts, administrative agencies, etc. All these serve as possible entry points for their lobbying activities. When officials are not seemingly responsive to conventional lobbying tactics, it may resort to some political protest or demonstration in order to attract the media’s attention to an issue. When government begins to consider acting on an issue it had previously ignored, we say that an issue has become part of the political agenda. Old issues may require redefining so that people look at them in different ways. Issues may reach the political agenda through various channels. Among them include the media, scholars and civil society activists. CSOs’ involvement in policy processes range from issue Identification or agenda building all the way to policy evaluation. Agenda building is about bringing out new issues into the political limelight. There are many challenges people confront in their daily lives which government authorities may not be aware of or may ignore for various reasons. For example, problems of wife battering and child defilement stand among issues which could not be brought in the political sphere for a long time in Zambia. It took some time before such issues were defined as political problems that required serious attention. CSOs also engage in research and makes contributions to various policy debates. They also play a role as implementers of public policy. Further, CSOs also do monitor and analyse the efficacy of public policy and make suggestions for improvements. Ways civil society can contribute to good governance Building state capability • Participatory policy and budget formulation • Delivering basic services • Providing training to public service providers such as health workers • Delivering civic education and raising citizens’ awareness about national policies, and their rights and responsibilities (e.g. voting rights, democratic freedoms) • Safety, security and access to justice: CSOs can raise citizens’ awareness about rights and services so that official security and justice institutions are more accessible and effective. Building state accountability • Influencing standard setting (e.g. lobbying for legislation on transparency, adherence to international commitments on human rights) 5 • Carrying out investigation (e.g. monitoring and evaluating government programmes through social audits, citizen report cards or participatory expenditure tracking systems) • Demanding answers from the state (e.g. questioning state institutions about progress, parliamentary public hearings) • Applying sanctions where the state is found to be lacking (e.g. protests, boycotts, strikes or negative publicity) Building state responsiveness • Identifying and voicing the needs of citizens, including the poor • Pursuing social inclusion through strategies including advocacy (e.g. lobbying reformers within government or the international community), feeding back research results and informing debates (e.g. inequality assessments and poverty and social impact analysis) and social mobilisation (e.g. campaigns) Source: DFID (2007) CSOs and Good Governance: A DFID Practice Briefing Paper 4.3 Challenges of civil Society in influencing policy processes There are many challenges associated with civil society in influencing policy processes. Given below are some of the major challenges associated with CSOs in influencing policy processes particularly in developing countries. However, it should be noted that the magnitude of these challenges do vary in different contexts within the developing world. i. Lack of institutionalisation of CSOs participation The current struggle of civil society in influencing governance processes is centred on lack of institutionalisation of their participation. The lack of institutionalised mechanisms for citizens’ participation in policy-making processes makes it difficult for civil society to play a more effective role. In other words, we can say that there is weak dialogue between governments and civil society on governance issues. However, there has been a growing trend in sub-Saharan African governments including Kenya, Uganda, Tanzania, Zambia, Ethiopia and Zimbabwe of introducing new legislation on civil society to enhance their operations. Generally, the content of new laws on civil society suggests that the openness of the government to civil society participation in the policy arena has not yet been secured and properly institutionalised and that the said legislation threatens freedom to voice critical viewpoints among CSOs (this aspect is adequately discussed in the context of Zambia elsewhere in this module). ii. Legitimacy While CSOs have often been remarkably effective at holding governments and corporations accountable to policies and promises, concerns about CSOs’ own legitimacy have emerged in recent debates not only from agencies that have been targets of civil society advocacy activities but also emanating from problematic behavior on the part of some CSOs among other reasons. Legitimacy is about acceptability of one’s rule. It is not usually clear who civil society represents as they 6 tend to respond to multiple (and sometimes potentially conflicting) interests such as donors, governments, and beneficiaries. Dealing with issues of legitimacy can help CSOs define more clearly their missions and values and position them better in influence in change in society. If questions about their legitimacy are unanswered, they risk undermining their organizational identities and capacities that depend on values and voluntary commitments. This aspect explored further when addressing civil society accountability as the two concepts (legitimacy and as accountability) as they relate to civil society are closely linked. iii. Organisational capacity constraints CSOs, particularly in developing countries, usually lack adequate finances to effectively deliver on their commitments. They usually depend on donor support to operate. Financial constraints may have multiple effects, including the inability to invest in capacity strengthening in CSO human capital, especially research skills and technical knowledge necessary for policy advocacy activities, limited ability to engage in professional communication and dissemination activities with policy actors and heightened dependence on external bodies, which may render CSOs less autonomous. A dearth of funds also promotes ‘short-termism’ within CSOs, constraining their ability to adopt a more strategic long-term approach to social, economic and political change. Heavy reliance on donor funding leads to competition among CSOs for funding and a lack of autonomy in devising strategies for development. iv. Competition among CSOs CSOs sometimes tend to compete as opposed to cooperate among themselves owing to influence and funding. Competition among CSOs compromises their strength as a sector in influencing governance outcomes. This is further worsened by the absence of a code of conduct in some countries like Zambia. This challenge has led to some CSOs abrogating their mandate to pursue their own interests. v. Limited political space Clearly, this differs markedly across Africa. Generally most CSOs tend to be concentrated in urban than rural areas with poor coordination and collaboration on issues. The poor distribution of civil society across society affects their ability to effectively deliver. Questions for reflection Citizen participation is a very key cornerstone in upholding the principles of good governance. Using Zambia as a case study, show the extent to which citizens have been involved in the governance process. 7 What is good governance? Discuss how civil society can contribute to good governance of a country like Zambia. References DFID (2007) CSOs and Good Governance: A DFID Practice Briefing Paper Minogue, M. (2002) ‘Power to the People? Good governance and the Reshaping of the State.’ In: U. Kothari and M. Minogue (2002) Development Theory and Practice: Critical Perspectives. Hampshire: Palgrave. Scholte, J. A. (2000) ‘Civil Society and Governance in the Global Polity’, in Morten Ougaard and Richard Higgott (eds.) Towards a Global Polity, London: Routledge, pp.145-165 http://www.unescap.org/pdd/prs/ProjectActivities/Ongoing/gg/governance.asp http://www.undp.org Weiss, T.G. (2000) ‘Governance, Good Governance: Conceptual and Actual Challenges’ World Bank (1994) Development in Practice, Governance: The World Bank’s Experience. Washington DC: World Bank. 8