| Perspective on Governance with Recommendations and
Plan of Action: East Africa Subregion
Contents
Part
I
Background
and Introduction
Part II
East
African Perspective on Governance
2.1
Subregional consultation
2.2 Challenges of Governance and the Way Forward
Part
III
Plan of Action Matrix
Part I
Background
and Introduction
1.1. Background
African governments and their development
partners, including the United Nations system have increasingly
acknowledged the importance of the role of popular participation
in Africa's economic recovery and development over time. Indeed,
the United Nations Programme of Action for African Economic Recovery
and Development, 1986-1990 (UN-PAAERD) was one of the major landmarks
in this endeavour.
In addition, three major international
conferences organized by the United Nations, non-governmental organizations
(NGOs) and African governments have also highlighted that popular
participation is key to sustainable development. These are the Abuja
International Conference on Africa: the Challenge of Economic Recovery
and Accelerated Development (1987), the Khartoum International Conference
on the Human Dimension of Africa's Recovery and Development (1988)
and the International Conference on Popular Participation in Arusha
(1990), which adopted the African Charter for Popular Participation
in Development.
Good governance has been a topic of
much discussion in the international arena since the late 1980s,
especially following the results of structural adjustment programmes
(SAPs) and more recently, the conditionalities and process of the
Poverty Reduction Strategy Papers (PRSPs). The failure of SAPs to
overcome the major structural and institutional impediments to rapid
and sustained growth in African countries introduced such terms
and concepts as democracy, civil society, popular participation,
transparency, accountability, human rights, and others into the
field of development economics.
Indeed, while SAPs mainly focused on
"getting prices right" through liberalization, deregulation
and privatization, more recently, the need for appropriate, effective
institutions to formulate policy and manage implementation for the
benefit of all groups of citizens is now a major element forming
the rubric of "good governance", which is one of the cornerstones
of the contemporary development agenda.
Although good governance has been acknowledged
as both a development objective and a means of achieving development
in Africa for some time now, it has been only recently that the
intrinsic linkage between good governance and sustainable human
development, including poverty reduction, has been pinpointed. Under
the Africa-formulated and Africa-led New Partnership for Africa's
Development (NEPAD) initiative for example, African leaders have
further affirmed that:
- The process of achieving economic
growth and development in their countries is heavily influenced
by a considerable number of political factors, including good
economic and corporate governance; and
- Good political governance is a prerequisite
for good economic and corporate governance.
Fundamental to the interaction between
economic development and political governance, on the one hand,
and economic and corporate governance on the other, is the ability
of the State to provide the requisite institutional framework to
support good governance outcomes. The NEPAD framework also recognizes
that for African public institutions to function effectively, considerable
reform and capacity building are required. These institutional reforms
need to focus on strengthening:
- Administrative and civil services;
- Parliamentary oversight;
- Participatory decision-making;
- Effective measures to combat corruption
and funds embezzlement; and
- Judicial reforms.
It is against this background that
many African countries, including those in East Africa, have taken
important steps in recent years to improve their governance in an
effort to enhance the prospects for sustainable human development.
1.2
Major Developments in East Africa
Socioeconomic context
In year 2002, average economic growth
of the East Africa subregion was 4.2% that is 4.2% as compared to
4.4% in 2001, remaining at much the same level, and reflecting the
positive performance realized in all the countries, except for Madagascar
(-11.9).
Table 1: Economic Growth in East
African Countries, 1997-2002 (%)
|
|
1997 |
1998 |
1999 |
2000 |
2001 |
2002 |
| Burundi |
0.7 |
4.4 |
-1.2 |
-0.3 |
3.2 |
4.1 |
| Comoros |
-1.1. |
-1.1 |
1.2 |
0.8 |
1.0 |
2.5 |
| DRC |
-4.1 |
-0.7 |
3.0 |
-11.4 |
-4.1 |
2.0 |
| Djibouti |
3.1 |
1.7 |
2.2 |
4.0 |
1.5 |
2.0 |
| Eritrea
|
7.0 |
3.0 |
3.0 |
1.2 |
5.8 |
6.0 |
| Ethiopia |
5.6 |
0.5 |
6.5 |
5.5 |
7.0 |
7.1 |
| Kenya |
2.3 |
2.7 |
1.4 |
-0.3 |
1.0 |
1.2 |
| Madagascar |
4.0 |
3.5 |
4.7 |
4.8 |
6.7 |
-11.9 |
| Rwanda |
10.9 |
6.7 |
5.0 |
6.3 |
6.0 |
9.9 |
| Seychelles |
1.5 |
3.0 |
2.9 |
-8.4 |
-8.1 |
2.0 |
| Somalia |
5.0 |
2.6 |
1.5 |
-0.8 |
- |
- |
| Tanzania |
3.3 |
5.0 |
5.7 |
4.4 |
4.6 |
4.4 |
| Uganda |
5.5 |
4.0 |
5.3 |
5.1 |
4.8 |
5.5 |
| Average
for the subregion |
3.2 |
2.5 |
3.8 |
0.6 |
4.4 |
4.2 |
Sources: - Country Reports,
various years
- African Development Report, 2002
The countries that contributed most
to this growth in the subregion are those that implemented macroeconomic
reforms and that have interior stability and substantial support
from development partners. This is notably the case for Ethiopia,
Rwanda, Tanzania and Uganda. The crisis that affected Madagascar
after the December 2001 presidential elections led to the deterioration
of macroeconomic aggregates, but the results of 2001 (6.7%) are
an indication of more optimistic outcomes for 2002, if the crisis
has not occurred. In the case of Kenya, uncertainties about the
outcome of the December 2002 presidential elections caused reduced
imports demand and decreased development assistance flows. The peace
process in the Democratic Republic of the Congo (DRC) and Burundi
is laying the foundation for economic recovery in those countries.
In addition to the destruction of economic
infrastructure as a result of conflicts, 46% of Africa's population
lives below the poverty line, the highest proportion being in Rwanda,
where the poor represent 70% of the population. Economic recovery
efforts are also hampered by a number of other factors such as the
debt service of outstanding loans, which represent about 93.8% of
GDP for the whole East African subregion. Decreasing aid and investment
flows and weaknesses in human and technological capacities also
hamper economic recovery.
With the exception of the Seychelles,
the economic slump and state of poverty should be viewed against
the difficult political situations of the countries of the subregion,
seen especially in the political instability of countries of the
Great Lakes, the Horn of Africa and in the Indian Ocean island State
of Madagascar. In the past decade, a number of East African countries
have not only been victims of armed conflicts and political instability
but have been afflicted by epidemic diseases such as HIV/AIDS and
malaria. The impact of health factors has been significant and in
most cases, devastating. Millions of people have died, many under
torture, and many more have become refugees and displaced persons.
Furthermore, the subregional population
shares many ethnic, cultural, social and political relationships.
As a consequence, conflicts or disturbances affecting one country
have direct impact on the whole area. This is particularly true
in the case of the Great Lakes countries, in which conflicts occurring
in any of the central States (Burundi, DRC, Uganda, Rwanda and Tanzania)
do not remain limited within their borders. The porosity of the
borders, and the blood kinship, common culture and values of the
trans-border populations complicate and aggravate the situation.
By their nature, scope, duration and
proliferation, conflicts undermine the national and regional stability
needed for economic integration and regional development, and poison
the relationships between States and peoples. These conflicts damage
and prevent the environmental conditions required for the blooming
of participatory democracy and good governance.
This situation of conflict is the consequence
of lasting accumulation of complex and interrelated problems such
as bad governance, lack of democracy, monopolization of political
powers by an individual or ethnic group, exclusion of some ethnic
and other interest groups from political life as a matter of policy,
widespread corruption, nepotism, violation of basic rights, and
an increasingly expanding poverty. These negative factors account
for the cyclic repetition of political and ethnic violence and almost
permanent instability in most countries of the subregion.
1.3.
The African Governance Project
The Economic Commission for Africa
(ECA) has been in the forefront of the good governance debate, repeatedly
pointing out the centrality of governance factors underlying the
contemporary African scenarios and stressing the linkage between
good governance and sustained economic development. While it may
be true that mismanagement and inefficiency may be tackled by reducing
the size and role of government, ECA has maintained that reconstituted,
proactive, democratized developmental States are essential and hold
the best prospects for regional recovery and development. The Commission
continues to advocate that reversal of economic decline will require
engaged and proactive governments with improved capacity to formulate
policies, manage essential services and endure public accountability
and transparency.
In its renewed efforts to serve Africa
better, and in its capacity as the lead agency of the governance
component of NEPAD, ECA has recommitted itself to help strengthen
government capabilities and effectiveness and consolidate institutions
and practices of good governance on the continent.
It is against this background of recognizing
the importance of good governance for economic and social development
that ECA has embarked on an ambitious programme to study and measure
the many complex aspects of governance in Africa. The African Governance
Project seeks to monitor and keep track of the progress that various
countries are making towards enhancing democratic values and governance.
The project is, therefore, complementary to government's efforts
and it seeks to establish consensus among a wide range of stakeholders
on how good governance can be enhanced on the continent.
With the introduction of the African
Governance Project in 2001, the project has been launched in 5
countries, out of the 13 Southern African countries covered
by the ECA/SRO-EA. These five are Ethiopia Kenya, Rwanda, Tanzania
and Uganda. The project report refers to provisional results of
the surveys and takes into account good governance activities being
implemented by the United Nations Development Programme (UNDP) in
Burundi, Djibouti and DRC.
In each country, the surveys reached
a sample ranging from 1000 to 2500 households, and 100 experts and
intellectuals. The questionnaires enquired about the population's
perceptions of good governance in terms of:
- Political representation;
- Institutional efficiency; and
- Economic and corporate governance.
1.4
Conclusions from the Country Reports
The conclusions from the country reports
were drawn in the three areas listed above. The reports presented
indicated that there is general consensus that good governance is
a sine qua non condition for sustainable human development.
Good governance guarantees resource prioritization and targeting
and ensures popular participation in development programmes. In
order to achieve this, countries need to develop strong, people-centred
governance institutions and entrench a national culture of political
and social inclusion.
Political representation:
the participation of the population in electoral processes remains
poor especially for women, who are by far the least represented
in different governance bodies. Moreover, the Parliaments established
do not have material resources and sufficient capacities to carry
out their threefold function of national representation, legislation
and monitoring of government activity. This results essentially
from the absence of genuine parliamentary tradition, as a consequence
of more than 40 years of mono-party regimes that did not allow parliamentary
institutions to develop resources and mechanisms needed for their
functioning in a system of separated powers.
Many countries are undertaking political
reforms outlining the mechanism for implementing the principles
of democracy, as well as the bodies responsible for their enforcement.
They generally focus on:
- The Constitution and Constitutionalism;
- The electoral code;
- The organization of political parties;
- The status of the Judiciary; and
- The press and communication
The political regimes are generally
accepted as legitimate although popular participation is constrained
by, inter alia, low levels of literacy, gender biases and the rural-urban
divide. Most constitutions provide for participation in politics
across race, color, creed, religion, tribe, origin and ethnicity.
In some countries, political representation has a bicameral system
of Legislature, comprising elected and appointed members.
Some reports indicated that there was
no complete separation of powers between the legislature, Executive
and Judiciary, but there were some improvements regarding checks
and balances. The Legislature and Executive were also weak and not
independent while local government was not effective in service
delivery. In some countries, citizens felt that they had reasonable
access to services but found the quality of those services poor
and in some cases, too expensive. Utilities such as water supplies
that used to be available were getting scarce and there were few
land policies in place. There was also no comprehensive strategy
for addressing gender- related issues
The multiparty system is accepted in
all the constitutions. This has facilitated the emergence of a number
of political parties, even if, most of the time, those parties have
difficulties in getting registered. In spite of a relatively satisfactory
political climate that is emerging in a number of countries, there
is much to be desired. The choice of candidates for elections does
not take into account individual skills or capacities. As some parties
have ethnic or regional bases, the population votes for their ethnic
group and subregion, rather than for the proposed candidate. This
has resulted in the proliferation of political parties in some cases,
often established by individuals unhappy with their party. A new
development is coalition building among parties, to galvanize a
force able to compete with the ruling party, as was the case in
Kenya, Zambia, and which seems to be happening in Malawi.
The Ethiopian case raised some special
political alternatives. In contrast to other countries with a centralized
unitary State, Ethiopia introduced federalism as the cornerstone
of the political system of the country. The transitional government
that took power in 1991 decided to abolish the centralized unitary
State and replace it by federalism in 1992. The decentralization
process was politically motivated to satisfy various ethnic groups,
after a long and drawn out civil war. The basic political choice
made was to consider regional development as the best way of decentralizing
power in the Ethiopian context. By selecting "national, cultural
and linguistic arrangements", instead of geographic division,
the Government found a transitional political response to the existence
of various constituencies and political alliances in the country.
Multiparty practices providing the
same opportunities to all political parties are not at the same
level of application in all countries. While freedoms of expression
and association are relatively recognized, opposition political
parties, however, suffer from inadequate protection from the police,
public order forces and other law enforcement agencies. This is
particularly the case during elections when instances of intimidation,
harassment and use of brute force by party cadres become rampant.
Some constitutions do not provide for funding of political parties
but the ruling party has access to various forms of public resources.
This gravely disadvantages opposition political parties during election
campaigns.
Political parties also complain about
slowness in their registration, harassment by the police during
election periods, not having easy access to the media, and being
refused access to national resources for their activities and during
electoral campaigns. Electoral processes cannot function without
funds and the ruling party tends to use national resources to ensure
its reelection in the campaign. In places where money plays a key
role, economic inequalities are transformed into political inequalities
and this undermines the principle "one person, one vote".
The electoral process is still a matter
of controversy in the subregion. Opposition candidates who cited
vote rigging and irregularities have challenged some election processes
and results. If it is true that some governments opt for democratic
elections as a popular way to legitimize their power, the operation
of the process is not in accordance with what is defined in the
constitutions.
The resources of opposition parties
come exclusively from their members. In addition, parties are forbidden
from engaging in profit-making businesses. Moreover, there is no
transparent mechanism for financing their activities. Lack of access
to public funds and fundraising constraints put the political parties
at the mercy of some well-off individuals for financing their activities
and programmes. This situation does not allow the parties to play
their traditional roles of political education, mobilization and
representation of various interests.
In most countries, the electoral process
provides for free and fair elections and the freedom for any person
to stand and campaign for any political office. In practice, however,
this is severely limited due to inadequate enforcement mechanisms
of the electoral acts.
Special attention was given to the
issue of women's representation. In the different countries
of the subregion, governments undertook a number of initiatives
to increase women's participation in political life, especially
for their political representation. The presence of women in decision-making
positions at the local and national levels is not equal to that
of men and the progress made is still insufficient. A tendency towards
improved participation seems to have begun in recent years, indicating
the explicit commitment of governments to increase the participation
of women in designing and implementing development policies and
to transform attitudes and behaviour with regard to the role women
have to play in public life. Many changes have been brought about
by the democratization processes in the subregion.
Institutional effectiveness:
The focus was on the effectiveness of governance actors, both State
and non-State, in the discharge of their roles and functions. The
assessment of the governance system is understood in the reports
as the manner in which the public authorities manage or conduct
public affairs with regard to rule of law, accountability and transparency.
Therefore, institutional efficiency is at the core of this study,
as institutional capacity largely depends on realization of the
declared socio-economic development objectives and how leaders assert
their will and exercise their functions to promote democracy and
good management of public affairs. The progress achieved since the
mid-1990s is a positive evolution politically and institutionally
even if some issues still need to be addressed.
Legislative effectiveness:
Assessment of the operational capacity of legislative powers indicates
inadequate legislative functions and skills in many countries. There
are double structural or organizational arrangements in some countries,
(Ethiopia, Tanzania, Burundi) while in others, a bicameral system
(two houses) prevails. The situation of bicameralism renders the
exercise of legislative power slower, and coordination between the
two components of the legislative power difficult to ensure. Other
constraints beyond inadequate skills are linked to the absence of
a true parliamentarian tradition as a consequence of more than 30
years of one-party regimes that did not allow the legislative institutions
to develop the means and mechanisms needed in a system of separated
powers.
A constitution can strictly limit the
role of the parliamentary institution by reducing the sphere of
law and by allowing to the government to take initiative in the
area of legislation in the same capacity as the parliament. This
results in unequal sharing of the legislation function at the expense
of the parliamentary institution. May parliamentarians have not
mastered the techniques of drafting bills and give the impression
of just waiting for bills coming from the Executive power.
Local populations and experts tend
to perceive the role and the real capacities of the legislative
power in terms of its three main functions, that is, representation,
legislation and regular monitoring and evaluation of government
activity. According to the surveys carried out by UNECA in a number
of countries, it appears that parliaments are unable to assert themselves
as a true legislative power that can strongly defend the legitimate
interests of the people.
Executive effectiveness:
It is recognized that government has three fundamental functions:
it is responsible for the development and implementation of public
policies on economic, social and cultural development; it enforces
application of laws and regulations and, finally, it is responsible
for establishing and maintaining the institutional and organizational
apparatus needed for the delivery of various public services.
While most country reports acknowledged
the important role of public watchdog organizations in governance,
this importance is not usually matched with adequate political commitment
and resources. Their operational efficiency and autonomy have been
grossly compromised by the excessive powers vested in the Executive.
There is also a multiplicity of structures pursuing the same objectives
but which do not have functional or operational interrelationships,
causing duplications.
In spite of government commitment and
several reforms carried out during recent years, administration
is still characterized by very limited efficiency in terms of services
rendered to the economy and community and management of human resources.
This situation has greatly disturbed the provision of public services
in vital sectors such as health, education, basic infrastructure
and justice. At the level of the population, will for self-help
is emerging and this constitutes an asset for decentralization.
However, beyond problems related to
lack of resources, the organization of public services remains inadequate,
characterized among other things, by unclear description of missions
and duties, unclear organizational framework, reference to obsolete
legal frameworks and procedures, an aging staff excessive in numbers
and poorly paid, who do not benefit from refresher courses and are
largely unmotivated. Other inhibiting factors include the work conditions
and staff compensation that have nurtured corruption and misappropriation
of funds in key sectors of administration.
This situation of poor performance
by centralized administrations has led the State in the majority
of countries to adapt operational capacity by devolving a part of
its prerogatives to local communities. With the introduction of
decentralization policy, the goal is to establish local governance
that enables and ensures sustainable local development, with increased
participation by civil society and other development partners.
Generally, the results of ECA experts
and citizens surveys are critical of the Executive power. This is
because public services are not adequately responding to the specific
needs of the poor and of women. Government is rarely taking the
suggestions of citizens into account, does not make much effort
to inform the public, and rarely abides by its duty to be accountable
to public opinion with regard to the measures and reforms it decides
to take or carry out. Such forms of responsibility are essential
for good governance. They guarantee that the holders of the public
mandate discharge their duties efficiently and equitably. Monitoring,
control and regulation bodies' lack qualified employees and administrative
personnel are not only underpaid but, in most of the countries covered
by the study, are reported to be corrupt and at the service of some
elites.
Effectiveness of the Judiciary:
In most East African countries, the institutional and organizational
framework of the Judiciary is characterized by dualism of modern
law and traditional customs. Around the Judiciary system formed
by tribunals, prosecutors' offices and justice auxiliaries, gravitates
a number of institutions, organs and services that do not belong
to the Judiciary or that depend on the Judiciary only in part. These
are, for instance, law and order forces, security or intelligence
services, military disciplinary instances, bar associations, administrative
services or governmental organizations assuming Judiciary and police
powers.
This situation of interference with
and politicization of the Judiciary undermines the principle of
magistrate and Judiciary independence and causes the institutional
framework to destabilize and malfunction. It is destabilized by
overlaps of the mandates of the various jurisdictions and it is
malfunctioning when Judiciary decision-making is compromised. The
justice sector remains badly perceived by the public. People have
limited rights and access to legal information, especially in rural
areas. For economic operators, the administration of justice is
characterized by legal insecurity because the legal and Judiciary
environments do not facilitate adequate security of public investments
and investors.
The main governance problem for the
Judiciary is the confidence deficit. The discredit and loss of credibility
affecting these institutions correlate to the scope of the corruption
phenomenon, although some countries have made progress in fighting
against this scourge.
The civil society:
Civil society organizations (CSOs) encourage associative living
and have been strengthened in terms of legal environment and number
of associative organizations. This anticipated development of the
associative movement aims at channeling the contribution of ordinary
citizens to socio-professional life and to community-level initiatives.
Programmes to support decentralization and devolution give a significant
role to CSOs/NGOs in development strategies.
The scarcity of public resources causes
public authorities to approach civil society to seek consultation
and involvement in the sectors of activity selected for quasi co-management.
The participation of civil society in this partnership allows it
to express the sectoral needs and interests of the people it represents
and to participate in the decision-making process.
It should be noted that in East Africa,
the number of CSOs operated by women has increased. This is linked
to the changes initiated in the legal framework with regard to freedom
of association and other measures established by the State to foster
associative movement. Fostering has notably been through training,
institutional reinforcement and funding. Currently, there are around
ten women's NGOs that essentially carry out activities for the advancement
of women in almost all the States of the subregion. Some of them
are organized in national-level networks around common causes such
as violence against women, participation of women in legislative
and local elections, girl-child labour, women literacy, women and
the legal framework, abandoned children, and HIV/AIDS, among others.
Similarly, some networks operate at the subregional level.
In most countries, CSOs lack resources
and do not have appropriate capacity to tackle problem analysis,
advocacy and sensitization, networking, resource management and
mobilization. CSO involvement and influence in conflict prevention
and management, in the political arena and in formulation of national
policies and programmes is being solicited but remains very limited.
The press and media: Democratic
governance implies public discussion and open decision-making. It
is crucial in these conditions that interest groups are organized
and that ideas, opinions and information are freely exchanged. The
constitutions of East African countries have all provided for the
right to information as a tool to accompany democracy and good governance.
This right to the freedom of expression has been characterized by
the emergence of privately owned media, publishing daily, weekly
or monthly.
Economic management and governance:
The restoration of broad macroeconomic balances, including keeping
budget deficits at a level that is commensurate with targets of
annual GDP growth remains a priority for all the countries, in particular
those emerging from conflicts (Djibouti, DRC, Rwanda and Burundi).
Crisis years, coupled with embargo and reduction of public assistance
to development had a significant impact on economies, specifically
on public finance, sustainable human development and the poverty
situation.
Financial needs for reconstruction
are major, notably in budget management. Budget management suffers
from numerous inadequacies linked to the weakness of public expenses
planning and budgeting, centralization of expense management and
execution practices that lead to lack of accountability on the part
of technical departments, and insufficient public expenses monitoring
and auditing, especially in the sector of public tenders. Transparency
in customs and taxation services and revenues are also not well
controlled.
Corruption and economic embezzlement
phenomena are rampant, particularly in the areas mentioned above.
These are undermining values of integrity in public management.
This tendency results in several damaging consequences, including
damage to State credibility and legitimacy, increase in the costs
of public services, massive misappropriation of the resources needed
for economic and social development, increase in legal uncertainties
and consequently, decreased direct private investment.
Countries are taking steps to ensure
that the legal environment is generally favourable for business
development. Attractive investment incentives exist for investors
and a positive evolution is occurring with the progressive disengagement
of the State from the business sectors. In Uganda, in addition to
the privatization of several State-owned enterprises, the State
created the Uganda Investment Authority whose main mandate is to
facilitate and promote private investment in the country.
Between 1992 and 1999, this institution
approved 1,754 projects, of which 68% are operational, 7.2% are
being implemented, 4.1% are in the resource mobilization phase,
and 17.2% were abandoned. Some 67% of these investments have been
financed entirely or partially, through foreign funds. These projects
are mostly implemented in infrastructure and service sectors. Investors
seem to be satisfied with the legal and regulatory systems but find
that think that the current levels of taxation and bureaucratic
red tape still discourage business development.
Kenya initiated fundamental economic
reforms in order to foster private investment in all sectors. A
favourable environment that secures investments and investment-support
services has been put in place. In addition, the financial sector
has been encouraged to support investors in productive sectors,
notably in duty-free export areas.
Ethiopia made significant efforts
during recent years to promote foreign and local investments by
establishing attractive arrangements for liberalization, deregulation,
monopoly dismantlement, privatization of public enterprises, discarding
discriminatory taxations and easing administrative procedures. The
State has also established the Ethiopia Investment Authority. However,
important sectors such the banks, insurance companies, energy and
telecommunications still remain closed to foreign investors.
In other countries emerging from conflict,
such as Burundi, Eritrea, Djibouti, DRC and Rwanda, the private
sector remains constrained by factors related to the conflicts that
disorganized production, disturbed trade circuits and destroyed
infrastructure and services. Structural obstacles to development
include:
- Inadequacy, incoherence or legal
vacuum in the legal framework related to business law, notably
the law on corporations and the law on bankruptcy; and
- Slowness of judicial proceedings,
and insufficient training of magistrates to handle business litigations.
1.5.
Some Important Observations
The conclusions of the country reports
showed that the most salient features characterizing East African
countries and increasing the people's state of poverty were armed
conflicts and political instability. Causes point to the lack of
a true parliamentary tradition and to the consequences of more than
40 years of one-party rule in many countries, which did not allow
parliamentary institutions to acquire the necessary means and mechanisms
to operate in a system where the powers are separated.
Despite such problems, it should be
noted that commendable efforts in democratization are ongoing. These
efforts are aimed at instituting and reinforcing the separation
of the legislative and the Executive, the independence of the Judiciary,
freedom of expression and political pluralism. Except for Burundi,
Eritrea, DRC and Somalia, all the States have constitutions adopted
through universal vote that establish separation of legislative
and Executive powers, independence of the Judiciary, freedom of
the press, and political pluralism. Democratic governance is slowly
evolving, along with partnerships between State and non-State actors,
and civil society participation and responsibility in political
management. For countries emerging from conflicts, the peace-building,
reconciliation and reunification processes should have partnership
and participation as the cornerstones of the peace effort.
Redefining the role of the State and
reorganizing public sector activities are among the main objectives
of structural adjustment programmes implemented in the subregion
in recent years. The reform process continues. Currently, all the
countries have abandoned the practice of centralized planning that
was common in the 1960s and 1970s, in preference of the market-
oriented system. Implementation of this option has several implications
for the State Property owner and main economic operator in the past,
it must now assume the functions of keeper of sovereignty, regulator
and facilitator.
The concept of good governance currently
found in the economic policy documents in the countries in the subregion
addresses the arbitrary measures taken in the past. Measures being
taken acknowledge the need to rebuild trust in the public service
and to build private investor confidence. Such issues as property
rights, contract application mechanisms and regulatory and legal
frameworks have to be addressed. The reforms advocated have to put
an end to corruption, fraud and arbitrariness.
Evolution towards multiparty regimes
and political pluralism has not eradicated the symbolic alliance
between the ruling party and the State. The ruling parties continue
to dominate the Executive, legislative and Judiciary powers and
the civil service. They also benefit from the allegiance of traditional
leaders and main economic actors. The opposition has only limited
room for political maneuvering. The private press, like the rest
of civil society, even when giving voice to the opposition, has
not become a true counterbalance for the political establishment.
A system giving the opposition its rightful part and that reflects
the popular vote, should be established.
Application of the principle of powers
separation is a must. As long as they are assimilated with parties
or are perceived to be, regulatory mechanisms such as the State
general audit and parliamentary commissions in charge of monitoring
the Executive power will not be able to fight effectively against
corruption and guarantee transparency. Making the administration
non-political is another essential element is this respect, since
only impartial civil service institutions will be credible and so
obtain the confidence of the population.
The consolidation of legislative powers
should be a high priority in the whole subregion. The duty of a
Legislature is to initiate laws and counterbalance Executive leadership.
But, when dominated by the ruling party, Parliament has difficulties
to play its role even if it is progressively establishing itself
as the main arena for democratic debate. In addition, lack of appropriate
skills is a major constraint facing those elected.
Another governance concern perceived
is the need to strengthen the Judiciary vis-à-vis the Executive
power as well as with regard to its own capacity to act efficiently.
While Judiciary independence is asserted in the constitutions, the
reality remains somewhat different. The career of the judges continues
to depend on the decisions of the High Council of Magistrates whose
chairperson is the President of the Republic.
ECA surveys show that there is no East
African country in which the Supreme Court has ever ruled that a
bill or decree was anti-constitutional. The inadequacy of the role
inability of the Judiciary resides on the level of tribunal operational
mechanisms and suspicious relationships between the tribunals and
those to be tried. Naturally, the issue of corruption further destroys
the image of institutions related to this power.
Generally, the situation of governance
in the subregion indicates that the current institutional capacities
of the public authorities are below what is required by the culture
of good governance. This issue of lack of capacity and inefficiency
in the provision of services to populations significantly limits
the effort of those responsible for development management. This
incapacity is even more acute in local government where administrations
do not have the resources to address community needs.
PART
II
EAST AFRICA PERSPECTIVE
ON GOVERNANCE
2.1
Subregional Consultation
Consensus building is an important
feature of the mechanism for measuring and monitoring progress towards
good governance in Africa. In this regard, the consultation among
countries of the East Africa subregion took place in two separate
forums. One was the preparatory workshop to the Fourth Africa Development
Forum (ADF IV) held in Lusaka, (Zambia) between 24 and 26 November
2003. The second was at the Cairo (Egypt) workshop from 9 to 10.December
2003, which brought together countries of the Horn - Djibouti, Ethiopia,
Eritrea and Somalia to give focus to their special situation and
needs.
The core aim of the preparatory workshops
was to debate issues of governance in East Africa, put these issues
into thematic and coherent subregional context, make recommendations
on how to deal with them and bring them, as a package, to ADF IV
for further debate, consideration and, action. Thus, the Lusaka
and Cairo workshops gave an opportunity to a wide range of country
and institutional delegates, participants and experts on governance
from the East Africa subregion to consolidate issues and problems
of governance in order to put up a clear case at the ADF IV, based
on situational analyses and country studies conducted.
2.2. The Challenges of Governance and the Way Forward
The challenges and recommendations
contained herein are the product of the two workshops. Thus, the
issues identified give a contemporary perspective on governance
in East Africa. The issues identified included correcting imbalances
and inadequacies of political governance, which according to participants,
should be pursued through the establishment of a State subject to
the Rule of Law and focused on development.
In the case of countries emerging from
conflicts, this should be made an integral part of the peace, reconciliation
and reunification process. National awareness and training campaigns
on human rights is also highly desirable. Elsewhere, where democratic
institutions are already in place, future orientations should focus
on capacity building of parliamentary institutions so that they
are in a position to fulfill their legislative functions, control
government activity and carry out the national representation duties
that have been devolved to them by the constitution and the electorate.
In arriving at the way forward, participants
examined the challenges around the three broad thematic areas, namely;
political representation, institutional effectiveness and economic
and corporate governance. They also concluded that to carry reforms
already initiated to a successful conclusion, a set of recommendations
should be made to consolidate priority governance issues.
To achieve these objectives, the following
recommendations and justifications were put forward:
Political representation:
Popular participation remains weak and women are by far
the least represented. There is need for a transparent electoral
process with genuine political competition and space for alternative
political positions. Consensus building is required in specific
situations and civic education and literacy should be the major
ingredients in promoting democracy. In these respects, establishing
independent electoral bodies and political party funding systems,
limiting the presidential term of office and ensuring social inclusiveness
should be priority targets.
Social inclusiveness should focus on
providing support to women so they can participate more actively
in the electoral process and secure adequate representation in the
political arena. It should also address the needs of women and the
youth through proper allocation of resources and facilities and
abolishing practices that inhibit the participation of such groups.
Participants at the workshops recognized
the commendable efforts in improving women's participation and representation,
and recommended that these efforts should be enhanced. The workshop
proposed that women's participation and representation should not
be restricted to parliament and government but to all socio-economic
endeavours, including private sector initiatives. It was underlined
that gender representation should go beyond affirmative action.
It was important that selection criteria should be put in place
to ensure effective participation and representation for women
With respect to political party funding,
countries should encourage transparent financing systems to support
political parties. There must be separation of national and party
assets to level the ground for all parties to compete fairly. The
present practice in which the governing party takes advantage of
State assets must be avoided.
Constitutional issues of form, content
and practice should be vigorously pursued, inter alia through
greater separation of powers, reinforced checks and balances, decentralization;
enforcing respect for the rule of law and respect for human rights.
Another important area is the incorporation
of traditional governance systems into formal processes especially
for taking development to the people and in meeting the challenges
of poverty. Traditional governance may also bring in the cultural
dimension of democracy and help decentralization and deconcentration
of power. As a first step in the process, countries need to undertake
an assessment as to whether the traditional leadership can be involved
more to enhance the capacity of the State in socio-economic and
political spheres.
Institutional effectiveness:
Institutional effectiveness should be achieved through a mix of
actions aimed at enhancing the capacities of governance institutions,
focusing on the legislature, Executive, Judiciary, watchdog organizations,
civil service, and CSOs including the media.
It is recognized that the watchdog
organizations are weak because of the Executive's interferences
with their operations, inadequate financial resources and lack of
appropriate human capacity. The strengthening of watchdog organizations
should be comprehensive and their role enabled with resources, autonomy
and enforcement capability.
A professional and accountable civil
service is an indispensable requirement for delivery of development
services. A thorough review of the civil service is required to
make it professional and accountable to the Legislature and the
public. Among the set of measures that should be taken to consolidate
public services within the subregion are adoption of efficient management
systems, use of incentives and salary and cost of living related
measures to motivate civil servants, recruitment of competent staff
and professional training so they can acquire technical and management
skills.
Capacity-strengthening programme aimed
at CSOs should begin by addressing issues of effectiveness and independence
as important variables in the capacity-building process. Another
important capacity question is the level of partnership between
the State and civil society. Therefore, there is need to establish
a capacity-enhancement programme that strengthens participation
and partnership.
Corruption and the need to address
it as an institutional effectiveness issue are gaining momentum,
especially in the face of scarce development resources and high
poverty levels. The control of corruption is best achieved through
partnerships involving government, the private sector and civil
society, all engaged in an all-out fight against this cancer. Of
utmost importance is the commitment of the leadership to combat
corruption through the strict and impartial application of laws
and sanctions. This should be buttressed with other measures aimed
at holding public officials accountable for the management of public
resources and the nature of their stewardship.
Economic and corporate governance:
This should be pursued within the framework of poverty alleviation,
improvement of public expenditure management and overall economic
efficiency. In this context, the objectives pursued by governments
should focus on the following:
- To consolidate arrangements for
reducing budget deficits and strengthening capacity to mobilize
domestic fiscal resources and foreign financial resources;
- To improve transparency and efficiency
in public expense management and strengthen public finance management
capacities; and
- To create institutions responsible
for reviewing and certifying the public accounts of all public
services, supported by legislation against economic and financial
misappropriations and strengthened internal and external audit
bodies.
The private sector can be one of the
pillars for economic and corporate management. In pursuing this
vision, due consideration should be given to informal sector activities
and small and medium enterprises (SMEs), which currently represent
the majority of private sector activities in the subregion. In addition,
the governments should re-invigorate activities aimed at consolidating
private sector development. This should include developing legislation
and programmes to ensure investment security, and infrastructure
and related services for sustaining private sector development and
attracting more foreign direct investments.
Privatization should be considered
as a tool of efficient economic management including its role in
the development of the private sector. In this respect, the governments
should establish mechanisms for designing privatization policies,
strategies and programmes that must ensure profit to the nation,
especially with regard to employment generation and productivity.
enhancement.
PART
III.
PLAN OF ACTION MATRIX
| Issue/Problem |
RECOMMENDATION
|
STRATEGY |
ACTORS |
RESOURCES |
| 1.
Political Representation |
| Electoral
process |
Institute
transparent electoral process; promote independent electoral
bodies; limit presidential terms of office. |
Comprehensive
approach addressing the multifaceted issues |
Legislature
Government Judiciary Electoral Commissions |
|
| Social
inclusiveness |
Provide
support to women and disadvantaged groups and youth for more
active participation in the electoral process; encourage proper
allocation of resources; build and/or strengthen structure to
enhance the participation of women and disadvantaged groups
|
Multi-
sectoral approach |
Legislature,
Government, CSOs |
|
| Political
party funding |
Develop
transparent financing systems in support of political parties;
differentiate between public and political party assets |
Participatory
approach involving all stakeholders |
Government,
Legislature, Ministry of Finance, Treasury |
|
| Constitutional-form
content and practice |
Reinforce
separation of powers; strengthen checks and balances systems,
promote decentralization; enforce respect for the rule of law;
respect of human rights; reinforce institutional capacity building.
|
Participatory
approach to involve all stakeholders |
Legislature;
Judiciary |
|
| Incorporating
traditional governance systems into formal processes |
Institute
traditional governance as part of the decentralization programme.
|
Multi-sectoral
approach |
Government,
traditional rulers |
|
| 2.
Institutional Effectiveness |
| Institutional
effectiveness within the Legislature, Executive and Judiciary
|
Undertake
comprehensive capacity building Provide adequate resources to
oversight committees; strengthen checks and balance systems;
institute accountability and transparency mechanisms; institutionalize
internal audit; appointment of managers on merit and competence
basis. |
Comprehensive
approach targeting all governance institutions |
Government,
legislature, Judiciary, CSOs |
|
| Effective
watchdog organizations |
Strengthen
the capacity of the institutions through training financial
support; Strengthen enforcement mechanisms; Institutionalize
internal audits and controls; Institute merit based appointment
and promotion. |
Comprehensive
addressing all dimensions of the problems |
Government,
civil society, media, Legislature |
|
| Effectiveness
and independence of civil society |
Decentralize
decision-making organs and systems; develop and promote codes
of conduct and ethics; promote civic education; monitor implementation
of the international instruments that African governments have
ratified; promote basic constitutional rights; encourage the
development of a vibrant media; encourage constitutional provision
for petitioning government actions; strengthen umbrella organizations
and create platforms for mobilizing popular participation and
consensus building |
Comprehensive
and multi-sectoral approach |
Government,
Civil Service Commission, Civil Service organizations, local
government Institutions |
|
| A professional
and accountable civil service |
Undertake
comprehensive review of civil service institutions and practices.
Develop a competitive salary and benefit programme; design and
implement a capacity-building programme; develop accountability
and performance measures and reporting systems; improve systems
and transparency for prevention of fraud and corruptions\; develop
codes of conduct for civil service employees. |
Comprehensive
and multi-sectoral approach |
Government,
legislature, civil service, Civil Service Commissions |
|
| Media
as an important instrument |
Transparent
and unambiguous regulatory framework for them to operate professionally;
clear regulatory broad- casting framework to guide the objectivity
of public, private and community broadcasters; provide financial
support to media organizations to facilitate their operations;
media education for professionalism and independence. |
Comprehensive
and multi-sectoral approach |
|
|
| Combating
corruption |
Improvement
of efficient and effective service, civic education, freedom
of the press and of Judiciary institutions, Improvement of remuneration
and motivation; transparent procedures in public procurement;
strengthen audit and control systems. strengthen anti-corruption
body able to impose sanctions. |
Comprehensive
and multi-sectoral approach to address other aspects of this
problem. |
|
|
| 3.
Economic and corporate governance |
| Public
financial management and accountability |
Ensure
greater ownership of strategies, policies and programmes; encourage
programmes targeted at the poor; introduce stringent and transparent
public financial management procedures; introduce adequate accounting
and auditing standards introduce periodic public financial reporting;
encourage access of public to findings of reports. |
Multi-sectoral
approach to address other contributing factors such as political
competition and accountability; clear financial rules and regulations;
corruption, competencies within the civil service, etc |
Government,
central banks, private sector, civil service, CSO, media |
|
| Private
sector development |
Institute
special policy measures for enhancing private sector development
especially small and medium enterprises, Strengthen institutions
for supporting private sector; institute transparent and competitive
privatization process; planned privatization should benefit
the country with due regard to the need to create employment;
improvement and restructuring of public enterprises before privatization;
proper valuations of enterprises to be privatized |
Multi-sectoral
approach |
Government,
private sector, CSOs, media |
|
|