Road Map to Good Governance – The Nine I Approach

Abstract

The paper attempts to brainstorm issues relating to the development of a national framework towards “Good Governance.” Today’s democratic environment across the globe keeps government under pressure to maintain a disciplined and structured framework in the operation of a democratic polity. Lack of governance and corruption are the most critical contemporary problems of Bangladesh. The concept of good governance has swept public attention all over the world also there exists a general agreement on the meaning and concept of the term “Good governance” with little variance. But whatever feel-good rhetoric is around, finding actions which can stand the test of strategic promise and political commitment has been less straightforward in countries like Bangladesh. Good governance is a value-centric state of governance based on democratic practice, social justice, dignity, honesty and people centric which may be approached and viewed from different stand-point. Different school of thoughts may plead for different approach or model. But this paper is a humble effort to examine the concept of good governance from the institutional viewpoint. Thus the core argument of the paper is to unbundle our governance and strive to develop a “Nine I approach” towards good governance

Introduction

Good governance is increasingly becoming a quintessential issue for every country. It does apply to every form of government and society. But what good governance means is still an arguable and debate worthy topic both in the school of administrative thoughts and that of social philosophy which causes it to be defined in a simplest form, as we believe, a uniform definition of good governance with respect to applying it to every society is simply difficult, and to some extent irrelevant because the elements and background of, and the demand for, good governance is different in its socio-political and geo-economical reality. So, definitions of good governance are challenging, subjective, complex, need-based and powerful-related.

Therefore, we have been warned not to make governance synonymous with government. Since governance is not about government, what is it about? Partly it is about how governments and other social organizations interact, how they relate to citizens, and how decisions are taken in a complex world. Thus governance is a process whereby societies or organizations make their important decisions, determine whom they involve in the process and how they render account (Graham et. al. 2003).

Thus we can ask ourselves whether good governance can be achieved in democratic system.  As far as our experiences are concerned, there is an urgent need of assurance of good governance in democratic countries and so are in other forms of government. A democratic system of government ensures that the government in power is accountable to the people and the laws of the land. However, it is essential to understand that a democratic government does not necessarily lead to good governance (Oke, 2008). That is why, the concept and practice of good governance is a kind of practice that is conceptualized, generated, practiced and felt through transparency, accountability, practice of human rights and wider efficiency and effectiveness of public and private sectors.

Economic development cannot flourish in the absence of good governance. The pre-condition for good governance is effective democratic institutions. What is important for good governance is democratizing the society. Improvement of the living standard of people can not happen where people cannot participate in governance, human rights are not respected, information does not flow and civil society and the judiciary is weak.

Good governance is an extension of the principle of the rule of law. Any society is well-governed when there is a rule of law, not role of a man or a woman or individual. A modern state is extensively governed by rules, regulations and laws, by complex guidelines and instructions, restrictive, prohibitive and penal procedures. Good governance can become myth for the people when the public representatives, bureaucrats and judiciary put rules and regulations aside and start ruling by using political office for personal gains. It has often been seen  that an elected government may not be democratic but autocratic in practice imposing dictatorship of the head of the government. This can happen even in the parliamentary form of governments. It is ironic that the democratic world is satisfied if the adults of a country can cast their votes at a periodic interval in a festive mood, but little do they bother whether these festive periodic exercises called election puts the voter in a helpless coercive situation to choose muscleman or criminals nominated by party A or party B as their representative only to endorse a rule of terrors or crime.

The basic problem of maintaining rule of law in Bangladesh is the belief of a powerful group of politicians, bureaucrats, elites, business personalities and other persons from other professions, that although all human beings are created equal, they are more than the created equals. Law and judicial systems exist for those who are less equal than them, allowing them to float above the law and the arms of the court are not long enough to reach them. This irony in the day to day affairs of Bangladesh is the breeding ground of corruption, mis-governance and mis-fortune. The search for a policy and system to combat corruption is essentially a search for a leveler, except death which will cut the size of those more-than-equals to their proper size and dimension. If corruption is to be combated, it would have to be addressed both by way of a change of mind set and a change of consequences.

Good Governance: Conceptual Framework

A wider concept of good governance is the process of governing with maximum participation of the people. Good Governance often refers to the broad set of actions that a government undertakes to ensure people-centric socio-politico- economic mechanisms to function effectively. The concept of the good governance of Bangladesh has to be a state system of ours, ensured and practiced by both the government and the people, gives its citizens maximum feeling of living in a good environment within our very own socio-economic, political and religious setting.

Good governance, then, arises from actions of a government which is honest, transparent, accountable, efficient, and institutionally sound.  Establishing good governance in Bangladesh requires reforms of the political system, electoral system, state machinery – and institutions to monitor the governance.  Furthermore, every watchdog like ACC, UGC, PSC, HRC, NIC, BPC needs to be non-political, independent and effective to deliver good governance.

A number of multilateral organizations (e.g. UNDP, World Bank, OECD) and bilateral organizations have emphasized on the elements of good governance and its impact on development. Multilateral organizations generally equate good governance with sound economic management based on (i) Accountability; (ii) Participation; (iii) Predictability and (iv) Transparency.

The concept of good governance has been clarified by the UN’s Commission on Human Rights and identified the key attributes of good governance as:

1. Transparency 2.Responsibility 3.Accountability 4.Participation 5.Responsiveness
   However, there are some bilateral donors who are not satisfied with this narrow economic definition of good governance.

They would like at least five more elements to be included as an essential part of good governance, namely (i) Democratization; (ii) Human Rights; (iii) Rule of Law; (iv) cuts in Military Expenditure and (v) Probity.

The United Nations Economic and Social Commission for Asia and the Pacific (ESCAP) have emphasized participatory nature of the government and the rule of law. As to the definition of ESCAP, good governance does have eightmajor characteristics -“It is i) participatory, ii) consensus oriented accountable, iii) transparent, iv) responsive, v) effective, vi) efficient, vii) equitable and viii) inclusive and follows the rule of law.”

By the rule of law ESCAP means fair legal frameworks and impartial enforcement of laws by an independent judiciary and incorruptible police force.

Good governance in Bangladesh is perhaps a far cry from the actual consonance of the term. There are several factors and issues that are constraining the very process of good governance. The major factors are i) corruption, ii) politicization of administration, iii) weak democratic institutions, iv) Ineffective parliament, v) absence of the rule of law and vi) absence of meritocracy etc.

B. Furthermore, now we can outline and propose a model, which may be called- the Nine I Approach to Good Governance in Bangladesh to empower nine indispensable “I’s” of the country to ensure good governance; they are:

1. Independent and non partisan election commission
2. Independent judiciary and the rule of law
3. Independent media and freedom of speech
4. Independent anti-corruption commission
5. Investing in the people
6. Independent and effective parliament
7. Independent human rights commission
8. Independent ombudsman system
9. Investment friendly environment.

Figure: The Nine I Approach to Good Governance in Bangladesh

These nine components may be referred as the Nine I’s of good governance or Nine `I’ approach of good governance. These Nine components of good governance should be institutionalized as democratic institutions for democratization of the society. In the absence of this Nine “I’s” good governance in Bangladesh like any other country will be a far cry.

These components constitute the foundations of modern democracy and create the underpinning to establish free economy and spur domestic and foreign investment, specially the potential investment of the non resident Bangladeshi (NRB’s) particularly in the case of Bangladesh.

It is not true that only elections lead to a democracy. Democracy is a governance system based on values. Political vision is the main essence of a meaningful democracy. Mission statements are a mandatory object for good governance by political leadership. A meticulous 200-300 pages of home work (Manifesto) of the political parties is the document where political parties should outline their ideas and concept of democracy they want to offer to the citizens in lieu of their votes. The political parties should make it vividly transparent as to how and when they will apply their policies for establishing a democratic society that ensures rule of law, equitable distribution of wealth, social justice, freedom of speech and thought if voted to power. The political philosophy and the commitment of the political parties should be expressed in the form of party manifesto much ahead of elections for empowering the voters so that they can make informed decisions before casting their votes during the elections. In Bangladesh, unfortunately the practice of presenting the manifesto of the political parties is not transparent and as such it may be stated that political commitment of the parties to people is also not transparent, which gives the parties a space to shift from their commitments and promise after the election.

Sound policies and their execution are essential pre-conditions of development. Good governance necessarily means govern justly, invest in the people and it encourages private economic enterprise. Whether our country meets these standards will be determined by using specific indicators of performance.

Bangladesh is yet to promote principles of good governance and the initiative of our civil society reinforces the need for good governance. Through cooperative ventures of our parliament, judiciary, executive organ of the state and the civil society it is possible to enact policies and design the governance so that human dignity and freedom are allowed to flourish. Some of the principles of good governance date back to the time of ancient Greece. Others are principles developed in more recent years or lessons learned from our own history and that of other democracy practicing societies.

Broadly speaking, good governance promotes fundamental and universal human rights. As per our constitution the political power lies with the people (Article 7). Principles of good governance allow people to pursue their lives in a just, equitable and democratic society. Countries like Bangladesh need the tools to educate their citizens to take part in the opportunities offered by the global economy. We need to work to eradicate corruption and create a renewed respect for human rights as well as constitutional rights.

Perhaps the most basic and important principle of good governance is that a nations political institutions must be democratic. In the words of one of America’s greatest presidents, Abraham Lincoln, democracy is a form of government “of the people, by the people and for the people.” This means that the rights and principles of democratic government can and should be universally applied. They are not a uniquely Western invention. The right of every person to speak freely about his government is a basic human right to overcome bad governance and make sure that government by the party, for the politician and nothing for the people be not established. The right of any citizens to express his opinion about his government is one that is supported by the doctrine “Rule by the Ruled” as has been recognized by nations all over the world. Now let us examine the Nine I’s of Good Governance.

Independent and non partisan election commission

Independent and Non partisan election commission is a precondition for free and fair participative elections to elect public representative to the parliament. Elections however are not the only cornerstone to democracy. Accountable leadership and fulfillment of the will of the people is essential to ensuring that elections are a means to a democratic society, not an end in themselves. One of the indicators of good governance is a country’s commitment to citizen’s political rights for functional democracy. It is critical that a nation’s election be free and fair in a level plane ground. This means that every citizen has an equal access and opportunity to compete to become a public representative. Voters have a choice among candidates and that they have a right to information concerning each candidates background.

Free and fair elections are open and transparent to all people without discrimination based on sex, religion or race. Such elections are not restricted by government interference and coercion by money and muscle. The right to free and fair elections should be guaranteed by independent non partisan election commission having appropriate capabilities and skill to deliver honest acceptable elections. And such elected government can only be held accountable to their citizens. Voters should be able to participate freely in the political process, whether through political parties or independent candidates.

Independent Judiciary and the rule of law

Another criterion of good governance is independent judiciary, important for preserving the rule of law. It is very essential to have a strong judiciary and courts to ensure that a nation’s laws are enforced constantly and fairly. All organs of government must be law abiding. The rule of law also is the basis for the formation of Business enterprise and the establishment of a free market, which underpin economic development. Citizens or their elected representatives should be involved in all levels of lawmaking including the local government. Participation in this process gives people the confidence that the law will protect their property rights and human rights. Respects for the citizens and rights relating to personal privacy are a far cry in any weak democracy.

Another characteristic of good governance is the presence of constitutional limits on the political power. Such limits include transparent,  periodic elections, guarantees of Fundamental Rights, guarantees of human rights by a independent judiciary, which allows citizens to seek protection of their rights and redress against government actions. These limits help make government departments accountable to each other and to the people. Accountability is another characteristic that is considered globally for the eligibility when determining whether a country practices good governance.

Not only should the law be enforced, but it should also be enforced fairly and without any sort of discrimination. Good governance means equal protection for all without any discrimination of sex, cast, creeds and race. An open and easy access to judicial and administrative systems, political and civil rights should not be denied to citizens because of their sex, race or religion. A nation’s courts should not be open to only a selected few. Government agencies should allow appeals of regulations as well as citizen participation in their decision-making process and citizens should be granted access to these bodies in a timely and easy manner.

Governments also have a duty to protect their citizens from criminal violence, especially the practice of trafficking of persons. Women, girls and children are most vulnerable to this illegal trade, which can only be stopped by diligent law enforcement.

Independent media and freedom of speech

To function properly, a democratic society must ensure free exchange of information and ideas. This is best realized in the creation of a free and open media and in the freedoms of speech and expression. A free and independent media provides voters with the information they need to make informed decisions. It facilitates the exchange of political discourse, creating an “open place for ideas” where no view is neglected and the best are chosen. Free media can also serve as a check on government power ensuring that bureaucracy, public officials and government departments remain accountable to the voters. The media’s ability to report on trade and industry and the economy is also important for preserving public trust in the free economy and for attracting domestic and foreign investment including the potential investment of the Non-Resident Bangladeshi(NRB). The right of the free media to publish, to editorialize, to criticize and to inform is a fundamental principle of democracy.

Independent Anti-corruption commission

Good governance also means combating corruption and countries cannot be considered to have good governance if they are corrupt. To preserve the integrity of democracy, governments must strive to rid themselves of corruption and bribery. Corruption destroys economic foundations and impedes the ability of developing countries to attract foreign investment. Corruption hinders the growth of democratic institutions and concentrates power in the hands of a few having money and muscles. The best way to combat corruption is for governments to be open and transparent. The Official Secrecy Act must not be abused; while in certain cases governments have a responsibility to retain secrecy and confidentiality regarding national security and alike issues. Democratic governments must be sensitive to the citizens’ right to know without any discrimination. Strong laws against corruption, application of such laws and the actions of law enforcement agencies that work against corruption demonstrate a government commitment to this principle.

Investing in the people

Good governance requires that government invest in their people and work to preserve the welfare of their citizens, without regard to gender, race or religion. Government should invest in health care, nutrition, housing, education and poverty elevation. They should ensure an economic environment where people can find jobs and establish business enterprises. Along with other measures, a government’s ability to provide job and a high standard of living for its people is considered by the democratic world in determining governmental effectiveness.

Independent and effective parliament

Legislature is a fundamental component of good governance, which serves as a demonstration of pluralism, tolerance of diversity and dissent as well as a place for compromise and consensus building. The health of democracy of any nation is largely dependant on a strong and functional legislature. A government with a legislature lacking the capacity to effectively oversee the executive or influence policy cannot be deemed to be democratic or a government that delivers good governance. The role and task of the parliament is to make laws and monitor the executive. They hold the executive organ of the government accountable through committee hearings, intervention on important national issues and making appropriate laws to sustain good governance.

The formal government is only one of the actors in good governance. Under any parliamentary system of government the parliament is another key actor for ensuring good governance.

But when the speaker is accused of partisan, when Parliament Members loses their membership if they vote against anti people bills presented in the parliament by their party due to controversial laws like Article 70 of the constitution, presenting bill in the parliament becomes a farcical exercise. When ministers do not remain accountable even to the MPs, the parliament becomes autocratic; establishing parliamentary autocracy frustrates the spirit of people centric accountable government.

Further when the elected opposition in the Parliament abstains from taking part in the proceedings of the Parliament, the Parliament becomes ineffective as a constitutional arrangement of scrutinizing the government’s activities. The idea that the opposition can topple a government by road violence without election is most unhelpful for democracy and democratic good governance.

Independent human rights commission(ACC)

Everyone concerned with governance believe that an effective national human rights commission shall play a key role in promoting and protecting human rights in Bangladesh. International human rights agencies expressed deep concern about human rights situation in Bangladesh.  violence, abduction, political killing, house burning, victim of rape, victims of acid throwing, teasing of school girls, non-registration of marriage, demand for dowry, domestic violence by husbands, discrimination against girls & women, human right abuses by police are a few of many forms of human right violation in Bangladesh. We can identify five bodies that people usually approach to obtain redress for their grievances:

1. Village elders through village Salish [binding arbitration by the village elders.]
2. Union Parishad [UP-local council]
3. Court;
4. Local member of parliament
5. Police

But it is feared that if proper safeguards are not put in place to prevent and deter the imposition of cruel, inhuman or degrading punishments by the local bodies they might themselves continue to become instruments of human rights violations. It is not clear whether our human rights commission will have  to study and make recommendations on human rights violations emerging from the imposition, by the village courts, of Islamic punishments such as stoning to death.

The empowerment of national human rights commission should go hand in hand with a thorough review of existing legal and other institution in order to make these more effective instruments of human rights protection.

This initiative should be accompanied by a determined government policy aimed at holding the perpetrators of human rights fully accountable, thus ensuring that those who violate human rights cannot do so with impunity.

While human rights violations by police are a cause of serious concern in Bangladesh, members of other security and law enforcement agencies including army personnel have at times been involved in acts of torture and extra-judicial executions and should be equally accountable before law. It is expected that the human rights commission should address human rights violations by all state agents.

Independent ombudsman system

As mentioned in Article 77 of the Constitution, establishment of the institution of Ombudsman is a constitutional obligation. Successive governments have failed to meet that obligation, except the provision of the Ombudsman Act of 1980 and subsequent setting up of the Office of Tax Ombudsman, which is now dysfunctional.

For democratic governance and preventing unlimited discretion of the government and administration and to ensure social accountability in the governance process, the Ombudsman institution must be set up without any further delay.

The Ombudsman is one such independent institution that receives and probes into citizens complaints against government officials and institutions, and recommends corrective action. Ombudsman has the authority to investigate into allegations of misadministration, but not with same power as the court of law, nor do recommendations of Ombudsman have mandatory implications for reversing any government decision. However, the key impact of an effective Ombudsman lies in its power to focus public, legislative and government attention to grievances of citizens. Ombudsman is a Swedish word which refers to someone who takes it upon herself or himself to do something for another person. The Ombudsman is responsible for impartially and independently investigating citizens’ complaints against a public authority or institution and it tries to facilitate a fair settlement. From a practical point of view the Ombudsman is an institution for raising citizen’s voice and catalyzing accountability of the administration.

According to the information of International Ombudsman Institute, by 2005, the Ombudsman’s office existed in 129 countries around the world. These include states with well established democratic systems as well as those with shorter experiences of democratic experimentation. The Ombudsman should be viewed as an institution composed of a Chief Ombudsman, and several others to be appointed in phases with specialized sector-specific jurisdiction, such as Ombudsman for Administration; Public Procurement Ombudsman; Education Ombudsman; Health Ombudsman; Human Rights Ombudsman; Women and Child Rights Ombudsman; Land Rights and Land Administration Ombudsman; Environment, Water and Forest Ombudsman; Local Government Ombudsman; Banking Ombudsman; Ombudsman for the Rights of Minorities & other Disadvantaged Communities; Power & Energy Ombudsman; and Labour Rights Ombudsman, etc.

Powers and jurisdiction of the Ombudsman should be clearly defined and sufficiently communicated to the members of the public to avoid over-expectation and possibility of the Ombudsman being overburdened with activities of other institutions. To avoid overlapping jurisdiction with ACC, for instance, it should be clear that Ombudsman is a watchdog against misadministration, abuse and incompetence that has caused harm or loss to the aggrieved citizen. When it comes to abuse of power for financial or other material gain it becomes jurisdiction of the ACC. There should be close mutually complementary relationship between the Ombudsman and other pillars of the national integrity system.

Complementing other watchdog bodies like the Anti-corruption Commission (ACC), and depending upon the effective functioning of other pillars, especially Judiciary, Parliament, and Auditor General, the Ombudsman has a key role in the national integrity system. Given due legal and institutional capacity for independent and effective functioning, the Ombudsman can play a catalytic role in ensuring social accountability of the public institutions and functionaries.

Investment friendly environment

Bangladesh holds a huge potential for investment, especially from abroad, but it needs to ensure a more investment friendly environment to attract foreign direct investment (FDI). Major obstacles such as bureaucratic tangle, some sort of corruption, inadequate infrastructure, lack of transparency and accountability, political instability, poor law and order situation and complex visa system should be addressed to encourage more investment in the country.
The contribution of the Chinese and Indian expatriates to their economy are good examples of congenial investment environment in those countries. The Bangladeshi expatriates also urged the government to forge a partnership among public and private sectors and also with the NRBs. The role of the Regulatory Reforms Commission and Better Business Forum towards conducive to business atmosphere in Bangladesh is questionable so far.

The security to life and property is a core issue for a good government, and establishing investment-friendly environment is possible through an effective parliament, establishment of transparency and accountability and ensuring rule of law. Most of the remittances that come into Bangladesh are for family maintenance. But such remittances can be divertedto productive sectors that will certainly help develop the national economy. The government should introduce a series of investment vehicles such as mutual funds, industrial funds, infrastructure funds and micro-finance funds through which the NRBs can invest.

Bangladesh can follow Indonesia, China and India and formulate strategies to attract FDI. And it is high time to restructure public private participation model.

Like Malaysia and Singapore, Bangladesh should make a ‘brand’ to attract foreigners.
Apart from the NRBs, there are many big firms who are looking for new investment destinations, mainly for foreign entrepreneurs and the government should make the newly introduced ‘one stop service’ at the Dhaka International Airport more effective and meaningful.

Conclusion

Practicing these components (Nine I’s) of good governance results in a free and open society where people can pursue their hopes and aspirations. This will facilitate the creation of free markets, which are trusted by investors and financial institutions. Good governance is a pre-condition for any economic development. Development cannot flourish where people cannot participate in governance, human rights are not respected, information does not flow and civil society and the judiciaries are weak. UNDP and the World Bank among others have come to realize that focuses only on economic governance at the expense of democratic governance fails. The proof is that, 42 of the 49 high human development countries on the UN Development index are democracies. With few exceptions, all of the world’s richest countries have the world’s most democratic governance.

The fundamental rights and the standard of living of Bangladeshi citizens will be enhanced through the creation of strong democratic society with prosperous economy. All democratic societies have deep appreciation for the freedoms and opportunities they enjoy and believe the principles that underlie democratic institutions and vibrant civil society are the best way to achieve sustainable economic development. Governments that govern rationally with the commitment of good governance get support for their reform efforts from their people as well as from the democratic world.

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