A Human Rights Approach To Democratic Governance And Development

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The wide chasm between expectation and delivery

A synopsis of the United Nations human rights approach to development starts from the basic premise that the achievement of human rights is the objective of any process aimed at improving the human condition. It uses the various concepts associated with human rights, understood in their broadest sense as the mainstay of development policy. It invokes the international apparatus of human rights in support of development action. This approach is concerned not just with civil and political rights (e.g., free speech, freedom of assembly, the right to a fair trial, the right not to be tortured), but also with economic, social and cultural rights (access to adequate food, health, education, housing, jobs). In addition to realising specific human rights, a rights-based approach to development emphasises accountability, empowerment, participation and non-discrimination.

Human rights guarantee free and fair elections under conditions of political equality; ensure open communication and a free process of opinion formation; secure the implementation of democratic decisions and thereby help democratic government to become effective. 

The Human Rights Based Approach is underpinned by five key human rights principles: Participation, Accountability, Non-discrimination and Equality, Empowerment and Legality. 

Good governance is the process whereby public institutions conduct public affairs, manage public resources and guarantee the realisation of human rights in a manner essentially free of abuse and corruption, and with due regard for the rule of law. 

The EU is a firm promoter and defender of human rights and democracy across the world, as well as within its own borders. Human rights are universal, indivisible and interdependent. Respect for human rights and democracy is essential for addressing global challenges. 

Human rights regulate our day-to-day life. They structure how we live together within a society and aim to protect human dignity at all times. They are universal, indivisible and interdependent. Each individual is entitled to human rights. They are always and everywhere applicable, including at times of conflict or crisis. All human rights are equally important to ensure human dignity, whether civil, political, economic, social or cultural rights.

Human rights are at the core of both EU internal and external action and policy. The Lisbon Treaty (article 2 and article 21) stipulates that the Union’s action on the international scene shall be guided by the values that have inspired its own foundation. 

Human dignity, freedom, democracy, equality, the rule of law and respect for human rights are the values on which the European Union is founded. Embedded in the Treaty on European Union, they have been reinforced by the Charter of Fundamental Rights. Countries seeking to join the EU must respect human rights and the rule of law; so must countries which have concluded trade and other agreements with it. 

Today’s global challenges demand from the EU and its Member States a redoubling of efforts and a renewal of their firm commitment to upholding human rights and supporting democratic values, in line with the Universal Declaration of Human Rights. 

Thus, the international context, as well as the theoretical and aspirational approach. The global landscape is littered with declarations, charters, treaties, conventions, protocols politicians‘ promises, concerning human rights, the rule of law, democracy and good governance. Universities’ humanities curricula are inflated with a dizzying array of courses on the above

However, between the rhetoric and the reality of the situation lies a wide chasm of human rights suffering and abuse. The Human Rights Index for fundamental human rights – a broad measure of 76 indicators that encompasses personal, civil, and economic freedoms – reports on serious and widespread abuses in more than 100 of the 176 countries reviewed. The Freedom House annual report of 2020 is starker in addressing the truths.  

“As a lethal pandemic, economic and physical insecurity, and violent conflict ravaged the world in 2020, democracy’s defenders sustained heavy new losses in their struggle against authoritarian foes, shifting the international balance in favour of tyranny. Incumbent leaders increasingly used force to crush opponents and settle scores, sometimes in the name of public health, while beleaguered activists—lacking effective international support—faced heavy jail sentences, torture, or murder in many settings. These marked the 15th consecutive year of decline in global freedom. The countries experiencing deterioration outnumbered those with improvements by the largest margin recorded since the negative trend began in 2006.

 The impact of the long-term democratic decline has become increasingly global in nature, broad enough to be felt by those living under the cruellest dictatorships, as well as by citizens of long-standing democracies. Nearly 75 percent of the world’s population lived in a country that faced deterioration last year. The ongoing decline has given rise to claims of democracy’s inherent inferiority. “

The above excerpt from the report underlines that the long democratic recession is deepening, a charge that defies the more positive pronouncements of international organisations that champion a human rights approach to democratic governance and development. Amnesty International, Global Rights, UN Watch, International Federation for Human Rights and many other gatekeepers of good governance, democracy, dignity and human rights all are in tune with the findings above. There is a wide chasm between expectation and delivery, between the rhetoric and reality of the international organisations.

There is a belated, dawning realisation that the EU cannot face these challenges alone, and democratic transitions cannot succeed unless they are rooted in local realities. The new Action Plan on Human Rights focuses on empowering local actors and civil society organisations. The renewed policy will be based on a strong partnership with local institutions, including parliaments, and local Human Rights mechanisms and dialogues with all concerned parties. The last words from Freedom House offer a wake-up call to all champions of human rights and good governance:

 “The enemies of freedom have pushed the false narrative that democracy is in decline because it is incapable of addressing people’s needs. In fact, democracy is in decline because its most prominent exemplars are not doing enough to protect it. Global leadership and solidarity from democratic states are urgently needed. Governments that understand the value of democracy have a responsibility to band together to deliver on its benefits, counter its adversaries, and support its defenders. They must also put their own houses in order to shore up their credibility and fortify their institutions against politicians and other actors who are willing to trample democratic principles in the pursuit of power. If free societies fail to take these basic steps, the world will become ever more hostile to the values they hold dear, and no country will be safe from the destructive effects of dictatorship.”

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