Talking Points - advocate Bience Gawanas on advancing the governance agenda

15 October 2004
Addis Ababa

This meeting has reached consensus on the important linkage between good governance and sustainable development. However, the meeting pointed to some challenges faced by Africa in promoting good governance.

The question remains: why does governance matter?

Governance matters because

• It is the vehicle for political, economic and social development. (Important policy instrument - management and development tool. It is about the efficient management plus distribution of assets and resources and poverty alleviation.

• It promotes human rights, sustainable economic development and human development and is an effective weapon against corruption.

• It is about putting people at the center

Context

The context within which we pursue discourses on good governance must be informed by the realities faced by African countries and organizations. A governance model cannot and should not be of universal application but must be able to accommodate the realities faced by organizations within their own environments. In this regard, governance models as applied had always been focused on putting in place proper structures, control systems and processes which might be inappropriate or reflect the institutionalization of gender.

Secondly, governance models have not been based on a participatory and inclusive approach to governance.

A proper model of governance should be underpinned by the centrality of a human perspective and should take into account shared values, capacity, people, skills and empowerment, which are rooted within a country's social, cultural and economic environment.

Hence I would argue that rather than viewing governance as merely relating to systems, policies and structures it must also relate to power, humanity, values, integrity, etc. In short, it should be about people their interactions within organizations.

Power

Governance is about power. Organisations are a sum total of relationships between the individuals within it and people influence and are influenced by the organizational context. It is within this context, that politics occurs and as organizations undergo changes which creates uncertainty, so people would tend to engage in politics to control the change and to construct new meanings and contexts. Organizations are also built on a gendered construct with masculine hierarchies and behavior which become translated into attitudes about leadership and management. Understanding the power relations within organizations enable us to understand that power is a relational social construct which creates a relationship between the governed and those governed, leaders and followers. Governance should enable us to question existing power relationships, nature of authority and advocating for a bottom up, inclusive approach to governance.

Leadership, Social exclusion and marginalisation

The process of naming is all about to be and when translated means to have money and be important and to become means to consume and to exercise power. However, the fundamental truth is that we are because of others and therefore to be should mean to be in trusting and caring relationship with other human beings. As human beings, we are individuals, embodied with distinctive characteristics be these our physical appearance, complexion, personalities, such differences should not be used to create hierarchical relationships which create privilege identities for some to the exclusion of the others.

Identity has also become closely linked to economic and political status. People grappling with poverty and unemployment and lack access to resources are likely to find themselves regarded as outcast leading to deep feelings of resentment by the have notes against the haves and the status quo. People are made to believe it is all about making use of opportunity when it knocks and then the sky is the limit. What we are not being told is that such opportunities can only knock on doors of those who have the right connections and relationships and live in the right place and region.

Tolerance is all about space set by democratic boundaries in which, people can relate to one another in a respectful and understanding way. Good neighborliness has been a hallmark of tolerance. As Ombudswoman, I came face to face with despair and poverty and strongly believed that governance can only be meaningful if it is inclusive and gives voice to the poor, marginalized and excluded. Relationships and institutions must therefore be guided by the fundamental values of democracy and humanity. Democracy provides people with a space to be used in such a manner as not to intrude on the space occupied by another whilst humanity reminds us that we relate to one another as human beings in that space.

Public, corporate and civil society governance

Good governance does not refer exclusively to governments but also to corporations and civil society organizations because the one impacts on the other.

Public governance as it is generally understood relates to the efficient management of resources and assets, the delivery of effective services and providing checks and balances on the exercise of power.

The public administration is made up of government ministries and other organs of government on regional and local level, the prison service, police force and defense force, parastatals. Officials who are employed or elected into these bodies are required to act reasonably, lawfully and fairly in their dealings with the public and to respect the rights of people. Administrators exercise public power and are expected by the public who entrusts them with such power, to use the power for the public benefit.

Ombudsman institutions are established to investigate amongst others abuse of power and maladministration. In so doing, they promote good governance. Absence of good administration leads to maladministration which would be characterized by abuse of power, arbitrary decisions, misuse of public property, disregard for rules and policies and procedures, nepotism, discourteous behavior, and the list goes on.

Maladministration breeds corruption, which in turn eats away at the very resources meant for service delivery particularly to the poor people and hence deprives them of their rights to decent standard of living.

Corporate governance on the other hand, is defined as the structures, processes and relationships through which stakeholders as represented by the Board oversee the activities of the business enterprise. In this context however, issues of social responsibility, good corporate citizenship and the triple bottom line are raised.

Companies are expected to be good corporate citizens in that they will promote the sustain ability of the communities and the democratic system.

Civil society governance encompasses participatory approaches which recognize the role of all stakeholders. Governments and business alike operate in an environment in which they interact with various stakeholders and therefore need to build proper relationships with them. It therefore relates to questions of participation and voice and expectations by the citizenry that those who govern will be accountable and deliver services.

The linkage between these various forms of governance is evident when we look at the fact that, for example, public governance influence corporate and civil society governance because governance at the public level provide the conducive environment for promoting governance at the corporate and societal levels. For example, by enacting appropriate policy and legal frameworks, the private sector is encouraged to contribute to economic growth and development.

Ethical governance

Underlining all these are the issues of ethical governance i.e. transparency, integrity and accountability. Ethical governance relates to the correct, proper and moral use of power and position and good governance must be based on ethical values, culture and participation as well as processes.

One must ask whether our values applaud wealth even if acquired by corruption and whether it is about shooting the messenger (whistleblowers) rather than listening to the message when people expose corruption.

System of checks and balances

Parliamentary oversight

Judiciary

Other independent institutions as an alternative to holding governments and organizations to account

• Ombudsman (I am glad to note that reference is made to the African Association of Ombudsmen AOA

• Auditor General

• Human Rights Commissions. Anti-corruption agencies

• Civil society organizations including the media

Ombudsman institutions exist to safeguard citizen's rights against abuses of power and authority, protection of the rights and freedoms of all persons, strengthening the rule of law, promote good governance (accountability, transparency, integrity, fairness and participation).

These institutions can however only be effective if their independence and autonomy is recognized, they are well resourced and through their objectivity and impartiality, they can win the trust and confidence of those they serve.

"It is important that the Ombudsman Institution is independent from all other institutions of authority so that it can operate to fulfill its mission without undue pressure. Independence of operation will ensure the protection required of the citizen who complains to the Institution. The Institution must be able to take decisions in a free and fair manner without fear of reprehension from those who may feel offended by its recommendations. Autonomy, once enshrined, will enable the Institution to search for the truth in all investigations and to give fair and reasoned decisions."

Measurements of good governance

Measurement of the effectiveness and efficiency of organisational governance must incorporate human development, human rights, values that are inclusive, respect for diversity and encouraging the entrepreneurship that is inherent in people.

Whilst institutions, processes and at times elections are seen as a barometer of good governance, aother issues are equally important.

• Effective service delivery- the link between integrity and service delivery The system of local Government Administration is viewed as which is closest to the people to use the common phrase. One essential element in local administration is the effective and efficient delivery of services, be they housing, health, education, roads, etc. The usual problem confronted by all organisations not the least local authorities is the existence of a service gap between the quality of service and meeting the expectations of the customers or the public. People demand better service and expect greater transparency, accountability and ethical values from the service providers. The fundamental challenge for a local integrity system remains closing this gap.

• Respect for Human rights

• Sustainable economic development. Human development

• Fight against corruption

In establishing an integrity system, we must reclaim the language of the public service such as "'for the common good'" "service to the people", and create an administration based on values of integrity, honesty, fairness, professionalism, moral virtues, transparency and accountability.

• Promote inclusive values

• Respect for cultural diversity - tolerance. Free flow of ideas

Improvements in governance

Standards of behavior

Leadership, respect for human values, build sustainable relationship between the organization and the society, ethical behavior

Organisational structures and processes

Clearly defined roles and responsibilities

An effective governance chain

Control external and internal

• Control of delegated power and discretion

• Effective accounting and auditing systems.

• Adherence to policies and procedures

• Staff empowerment through training and development

• Risk management

Ensure effectiveness of oversight bodies/ checks and balances such as the Ombudsman/ mediateur, anti-corruption agencies, human rights commissions, auditor general

Parliamentary oversight

Civil society including the media