Reports from the Regional Workshops
Democracy Forum 2000

South Asia (Chapter 2)

The workshop was held in Katmandu, Nepal on April 10-11^th, 2000
Partner: Centre for Studies on Democracy and Good Governance, Nepal

Accountable Governance

Presentation: Prof. Ahmed Kamal, Dhaka University, Bangladesh

The formal order of democracy is not enough to produce a system of democratic and hence, accountable governance. Such a system of accountable governance is crucial to the faster reduction of poverty. The poor in South Asia enjoy voting rights during the elections but they have no voice to enforce proactive reforms. The criminalization of politics undermine efforts for establishing a disciplined market economy and sound accountable governance. The parliaments in reality, are much less powerful than other organs of the government. People often take it as a ‘house of controversy and irrelevant speeches’.

The principal reasons behind people’s lack of capacity to influence and participate in the governance process are the absence of appropriate institutions, the negative attitude of the bureaucrats, the lack of information and nature of local-level, patron-client politics. These problems are exacerbated by the use of state power to reduce the space available to opposition groups, both politcal and civil society.

The problems of civil socity itself need also to be addressed. NGOs have become service delivery organisations rather than fulfilling the watchdog/social commentary role which brought them to prominence in the first place. This problem is contributed to by the donor agencies which seek to channel funds through these organisations as a response to the growing levels of corruption and waste in government.

There are growing problems of economic crime reinforced by criminalization of politics. Donor driven reform in Bangladesh has contributed to the net worth and political empowerment of a business elite sustained by aid funds and domestic bank credits. The chain of accountability stretching from the parliament to the peon is weak and fuzzy. Government agencies are subject to weak accounting controls, do not face serious scrutiny by the legislature or legal institutions, and are not subject to the financial discipline of the market place. There is an absence of performance standards to inform public servants about their responsibilities.

Transparency International ranks Bangladesh as one of the most corrupt countries in today’s world. There is a corrupt alliance between the political, business, trade union and bureaucratic leadership. Why are the people not asserting their right to good governance? One possible answer would be the missing institutions, functional local government, vibrant civil society organizations and an accountable and responsive bureaucracy. The chances of success of initiatives by the civil society to tackle corruption are brighter than the chances of government initiating action on its own. There are several people’s initiatives already at work. The civil society is gaining experience, expertise and confidence in challenging the culture of corruption through this process. UNDP-supported Community Employment Programme (CEP) is a significant pilot programme in support of the Government of Bangladesh’s poverty alleviation efforts. Improving governance depends on progressively building the networks of civil associations and other positive forms of social capital. A coalition of civil society and NGOs can play a leading role by motivating the people and mobilizing public opinion. Active involvement of non-resident Bangladeshis should be considered. Introduction of the Internet has made this feasible.

A range of accountability measures are necessary to check the rampant corruption and abuse of power by governments.

Commentary

Ms. Jayashree Vyas, Scholar of Political Science and Women Studies, India making a distinction between accountability and responsibility argued that while the government is both accountable and responsible for its actions, it is the responsibility of the citizens or the electorates to evaluate. Parliament and the other representative institutions have become functions of the convenience of government rather than the responsibilities of government.

Unlike Bangladesh, India, has strong anti-corruption laws such as the Central Vigilance Commissioner as a statutory body, code of ethics for central government employees in addition to Civil Service Rules. As such, regulations do exist – the problem is that they are not capable of being enforced. Such accountability measures are necessary, but they have to be refined and strengthened. Similarly, the Act of Panchayat Raj guarantees reservation of seats for women and several of them have occupied chairpersons’ seats at the village panchayats.

Discussion

There is immense need for examination on how corruption has become so pervasive. It is perhaps due to our inability to share power with the people and insistence on maintaining unequal and anti-egalitarian system. Furthermore, we must identify the real anti-democratic and corrupting institutions i.e., the global institutions and multi-national companies acting as sources of corrupt practices. He argued that at present the State and its institutions are an insult to the people and traditions of the region, and that what is needed is fundamental cultural renewal. Issues such as freedom of information and reform of political institutions, while necessary, are secondary to that.

As experiences from the region show elections do not ensure accountability as there have been frauds and those who control the government have never lost election in Nepal, much loke elswehere. In terms of horizontal accountability i.e. legislative, judiciary and executive, complain that they are constrained by shortage of resources. Because of the political party representation, the Commission of Abuse of Official Authority in Nepal has never implicated any member of the ruling party which indicates that non-party representation might strengthen the Commission and make it more accountable. Accountability of judiciary is also an issue since the legal protection provided to the independent judiciary and its right to impose ‘contempt of court’ could insulate the judges being exposed.

Dr Adhikari noted that whatever the institutions to control corruption, as in Nepal and Pakistan, corruption thrives. Its control needs political will. But political will does not come by itself. It is the critical mass of citizens, the civil society, which can act effectively in this direction.

Recommendations

1. The notion of accountability needed to be broadened to refocus on accountability of government to the people as a whole. This can only be done through refocusing on the issues of citizenship and rights. The institutions alone are not able to ensure accountable government. That can only be achieved if the institutions not only exist but have the support of a critical mass of the people. Measures discussed to achieve this goal included:

• Education of the people to create social sanctions against corruption.

• Create and strengthen anti-corruption institutions.

• Sensitise and orient public office holders, politicians, public, judiciary, media and law and order institutions.

• Provide for stronger punishment for corruption.

Participation

Presentation: Mr. Madhukar Shamshere J.B.Rana, Former UNDP Senior Regional Program Manager for South Asia and Special Advisor to Ministry of Foreign Affairs, Nepal

South Asia is in the grip of a multifaceted crises extenuated by the poor quality of governance and its inability to grapple with the challenges of population explosion, poverty and deprivation, social exclusion, rapid urbanization, and environmental degradation caused by the very forces of development.

Composing of around 22% of the world population, the challenge to governance in South Asia is immense. The poor are either out of the mainstream of development as chronically marginalized people or face hardships on account of anti-poor policies, priorities and institutions. The region can be seen in terms of ineffective political parties, local governments, national parliaments, civil society and civil service.

Sub-nationalism is on the rise everywhere - as caste, tribal, religious and linguistic minorities seek to exert their cultural identity. Caste-based politics is most rife in India, with strong potential for its presence in Nepal too. South Asia is in dire need of policy innovations to include into the development mainstream the lower castes, tribals and Muslim peoples. Social inclusion has been attempted through a policy of reservation, which has failed to uplift the minorities. Reservation has not led to participation. Reservation on the other hand has compromised the principle of merit and competition to the detriment of quality and efficiency in the delivery of public service. It has led to unprecedented political patronage.

Perhaps the best indicator of the multifaceted crises facing South Asia is the rise of violence. The politics of violence, coupled with the lack of intra-party democracy and excessive state patronage, is at the core of dynastic politics in South Asia.

Centralization of powers is at the core of bad governance. Local governments are seen as ‘second class governments’ in regimes with multiparty democracies, as in India, and as ‘agents of democratic legitimacy’, as with the non-party military and monarchical regimes of Pakistan, Nepal and Bhutan. Political parties are reluctant to decentralize for fear of losing control as national parties.

Local civil service cadres should be created on say five-year renewal contract basic restricted to "sons and daughters" of the soil with permanent residency in the communities. True decentralization should encourage local conditions of work so that local loyalty and competition could be guaranteed. The practice of holding local referenda may be considered to decide on local issues to recall local politicians for breach of their code of conduct.

The strategy of social mobilization of the poor is a better strategy for poverty eradication. They are necessary for a pro-poor democracy and sustainable development through self-reliant participation of the poor. South Asians all over should salute the genius of Mohammad Yunus who now seeks an expanded mission, namely to transfer micro-credit know-how and technology worldwide.

The missing link between democracy and development in South Asia are organizations of the poor with formal links to local governments, civil societies and the market. In this way growth, human development and equity can be simultaneously achieved.

Adequate empowerment of civil society can be made only through its representation in the Upper Houses of the Parliaments of South Asia. For this, suitable electoral reforms are necessary to ensure adequate representation of women, the poor, and minorities as well as, on the other hand, have the representation of the professional and intellectual communities to guide the nations of South Asia.

Commentary

The presentation was commented upon by panel members Hon’ble Dr. Abdul Moyeen Khan MP, Bangladesh, Ms. Mehvish Mumtaz, Aurat Foundation Pakistan, Mr. J.Samarnayake, Institute for Participatory Interaction in Development, Sri Lanka and Ms. M. Mahmood, Activist, Bangladesh.

In the western world lesser number of voters are seen turning out to vote which is a challenge to participatory democracy. The politicians must address this issue. Findings of this workshop are going to be important and perhaps these could be remitted to SAARC Parliament.

Women do not have equal inheritance rights and violence against women is on the rise. Moreover they are excluded from participation. These comments apply across the region. If women are left behind, it will adversely affect overall development. In a participatory democracy, women must enjoy equal rights and opportunities. Unfortunately, women’s issues are tackled only by women, as these are not taken up by civic society with sufficient commitment.

Mr. Samaranayake, recalling Sri Lanka’s past as ‘the Jewel of the Crown’ and her 70 year history of adult franchise lamented that the process of popular participation has been adversely affected by ethnic violence in the country. Politicians have also become the victims of such violence and, because of security considerations, contact between the people and the politicians have been severed. The rulers have become prisoners within their palaces, with little or no access to the public. This highlights the need for serious and objective study of the crisis that Sri Lanka is going through.

Mr. Pratap argued that it is insufficient to simply promote democracy as the best available system; its problems must be analysed and addressed in depth. In the South Asian region these problems include the relocation of decision-making processes outside the Parliaments and into non-elected cabals, the exclusion of grass-roots organisations from participation, the increasing prominence of identity based politics.

Discussion

More than half of the total population consists of women, but they are not listened to and given a role. This is a fundamental problem. Participation must therefore improve to enable groups such as women and minorities to have a voice in society. Women should be legally guaranteed equal property and other rights which they do not presently enjoy.

It seems that there is no link between democracy and poverty as the countries in South Asia enjoy more democracy, but suffer more poverty at the same time. How to enable the poor to participate? Perhaps affirmative action and reservation programmes may provide some solutions. A participatory framework requires that the culturally secluded groups such as Dalits in Nepal are provided with reservations in bureaucracy, academia and other fields of public life.

With reference to Bangladesh, whereas about 40 volumes of pro-poor local participation plans were produced in the country for improving participation of different disadvantaged groups such as peasants, poor, women etc., were prepared and submitted the Cabinet, none of them had been adopted.

Ms Kaushik challenged the approach of ‘representation’ of the poor by others and argued that to participate fully they must be able to represent themselves and to articulate their own needs.

Recommendations

1. A missing link between democracy and development in South Asia are the organizations of the poor. For this, social mobilization of the poor is a must, but only if the ‘social mobilization’ model can incorporate full participation by all marginalized groups in society.
2. Women’s participation as equal members of the society in decision making, civic life and share in the property must be ensured as otherwise exclusion of half the population, i.e., women will be counter-productive to democracy and development.
3. Social mobilization must also incorporate marginalized groups such as tribals, low caste population and Dalits and provide for their upliftment so that they are able to stand on equal footing with the rest in their society.
4. Unless all of these groups are able to contribute equally in a truly participatory democracy, poverty in South Asia will remain at chronic levels and continue to contribute to the destabilization of the region. Affirmative action measures to strengthen the weaker sections of society are an essential component of any package which seeks to address these issues.
5. Ensure those services, such as compulsory education, access to primary health, work, and shelter are available.
6. Strengthen decentralization and local government.

Citizenship and Rights

Presentation : Ms. Simi Kamal, CEO, RAASTA Development Consultants, Pakistan

The notion of democracy and democratic institutions is enshrined prominently in the constitutions of all the South Asian countries. In reality, however, the people of all the South Asian countries are mostly powerless, vulnerable and poor. There are constitutional provisions in South Asian countries regarding local government institutions and peoples' participation. However, local bodies remains under the direct administrative and financial control of higher levels of government. The trappings of democracy have allowed unrepresentative elites to hijack power, promote their own interests and bypass the poor.

The South Asian subcontinent has been the site of nearly fifty nationwide elections since the end of the British Raj. For most people elections have become irrelevant. The only 'political value' of the population in general and the poor in particular is to act as "vote banks" for the traditional political elites. The region has emerged by now as one of the most poorly governed regions in the world. Corruption has moved upwards – from petty corruption in the 1960s and 1970s, to corruption at the very highest levels of the state in the 1980s and 1990s. South Asia is also poor in terms of gender sensitive development and the rights of the disadvantaged.

A misguided view of the ‘culture of poverty’ has affected public attitudes and policy such that the poor are seen fit to be ‘beneficiaries’ and ‘recipients’ at best. The role of government appears to be shrinking while those of the civil society (NGOs, peoples’ movements, pressure groups etc) and markets (mostly the growing power of multinationals) are expanding. In the South Asian context, a fourth element must be added – the role of development aid and donors. South Asia is in need of a new social contract between the people and the state. The link between the governed and the government, between the public and the policy-makers, must be reestablished.

Strengthening human development in South Asia will require: redirecting priorities, liberal investments in basic human needs of the poor. The poor will acquire strength only when they are aware of and able to demand their rights as well as to exercise power. Genuine grassroots institutions can give the poor a stronger voice.

Commentary

The commentators responded to Ms. Simi Kamal’s presentation by stating the following:

Democracy has done little for the poor of the South Asian region. Dr Adhikari addressed the situation in Nepal, noting that the constitution is silent about the role of local government and the poor are left out from the main stream of development. Corruption is on the increase and is being accentuated by the companies of the developed countries through their underhand dealings with the national officials.

Further, traditional approaches to poverty eradication have had little effect in Nepal. Despite the implementation of nine 5 Year Development Plans, there has not been any marked change in the economic lives of the poor in Nepal. Such failures, coupled with the unequal distribution of wealth and exclusion of the majority from political participation have undoubtedly contributed to the rise of the Maoist insurgency. For addressing poverty, the government, NGO and the private sector should work harmoniously. A region wide approach should be developed, perhaps through the revitalisation of SAARC as suggested by Ms Kamal. There should be more focus on human rights and women’s representation.

Dr Rahman stated that the assumption that the defence of democracy is the key issue in poverty alleviation needs to be addressed. He took issue with the assertion that the elites have ‘hijacked’ the democratic agenda, arguing that a range of political approaches have been tried in South Asia. While the dominance of the elites is certainly a problem, it is necessary to also probe the contribution to the current situation of the weaknesses of the non-state actors. There has been a range of policy initiatives manifested, for example, in the direct election of women for the first time to the Union Parishad in Bangladesh. While partnership with the government is necessary to overcome poverty, one should be reminded that governments tend to dominate.

The gains of democracy must be consolidated and despite the set-backs, the idea of free and fair elections and the essential traits of democracy must not be allowed to be lost.

Discussion

It was pointed out that while the role of government is important, a strong government, benefitting only the rich, could be dangerous for the welfare of the poor. There have been numerous instances of the governments declaring national emergencies or dismantling democracy in the name of the poor.

It was generally agreed that there is no acceptable alternative to democracy, though it may not be operating properly and as satisfactorily as the people want. It is not enough to follow the practice of democracy i.e., to hold elections and form governments. There must be commitment for real democracy. Such commitment must be reflected in the elimination of corruption in all forms and removal of discrimination, including that against children. South Asia, needs to put legitimate curbs on the role of political parties, as it has been observed that often the party in power tends to dominate and undermine the authority of parliament itself. A case in point is the Annual Aid Consortium Meeting held in Paris where the representatives of the ruling government have to make commitments on behalf of the country to the donors for economic aid.

Talking about the democratisation process, a commentator pointed out that in Nepal, under its laws there is 'poverty of rights'. This ‘poverty of rights’ is manifested in the denial of children’s right to obtain citizenship utilising mother’s hereditary right as a citizen. The clear correlation between such discriminatory practices and poverty is demonstrated in the fact that the disadvantaged groups – women, children, dalits, ethnic minorities – are also the poorest groups. Excessive politicisation of bureaucracy has led to undesirable practices including corruption, which is a curse to democracy. The political leadership should be awakened to of its damaging consequences.

Recommendations

1. Democracy must be more than the right to vote. Civil, political, property and other human rights must flow as a natural consequence of citizenship, not be simply privileges of the elites.Social discrimination against minorities, women and Dalits must be removed. Rights of children should be protected.
2. A constitutional review should be done in order to enhance citizens’ rights. The political rights and democratic space for women should be increased.
3. Non-citizens such as non-nationals and refugees should be protected under the Human Rights covenants. There is a need to develop a framework for a partnership between government/civil society/NGOs and the private sector to tackle these issues as a necessary precursor to effective poverty alleviation strategies.

The Role of External Actors

Presentation: Ms. Saraswati Menon, Deputy Resident Representative UNDP, Nepal

The UN has now much deeper understanding of poverty. In terms of Human Development Index, it is now looking beyond income poverty. The understanding of the definition of democracy has also undergone change. The understanding must be extended to all levels of society including family, work place, civil society, political and other institutions. It should also be extended to include lower castes, tribes and all other ethnic and disadvantaged groups for whom specific actions program are necessary. Moreover, democracy cannot stop at national borders and must deal with questions of global inequality and disparity between rich and poor countries.

The decentralization process has proved revolutionary in taking us nearer to the poor. It has brought new actors, new resources, both human and financial, such as the establishment of a poverty fund, to serve the poor. Decentralization has also enhanced accountability as the answerability is towards to the elected local functionaries.

Decentralization, combined with social mobilization of the poor has also permitted a legal framework for women to participate. The poor should not only be involved in programs for poverty alleviation, but also at the policy level in determining allocation of resources and in setting priorities at the national level. The donor community must respect a pro-poor agenda. Moreover, it has also become necessary that the poor countries of the world be given a space for decision making at international global governance.

Commentary

Decentralisation in Nepal to which Ms. Menon referred, is not automatically pro-poor. It is up to the locally elected elites to provide opportunities to the poor segment within their jurisdiction. Although there is yet no effective ethnic representation in the local bodies, gender representation has been its welcome feature.

In expression of dismay at external donors’ tendency to come out with their own formats which do not necessarily fit country specific conditions, it was suggested that external actors should study the successful cases and examples in recipient countries and help improve upon them rather than imposing their own model. The remittances from migrants, including seasonal ones, have helped Nepal to overcome poverty at a significant scale. The informal sector, although no written information exists about it, has also made significant impact on poverty reduction.

The post-democratic era has witnessed disturbing law and security problems, increase in corruption, excessive politicization of bureaucracy and inability of political parties in power to meet public expectations and address poverty and development. Huge resources are being spent for maintaining law and order and Nepal may have to ask donors for debt forgiveness, if the insurgency continues.

Discussion

It was pointed out that donors such as IMF and the World Bank have at times patronized even non-democratic dictatorial regimes. While aid is unavoidable for poorer countries, there should be ways of receiving aid at recipients’ term and priorities. Donors at times have suddenly withdrawn from the projects they were earlier financing. The donors in such cases should accept responsibility of program’s failure.

One participant pointed out that 50% of the population continues to be the servants of either parents or husbands. An Equal Rights Bill for women is pending for consideration in the Nepali Parliament, but no political party seems taking initiative for its passage.

Recommendations

1. Bringing about ‘genuine’ decentralization to address both poverty and promotion of democracy.
2. Developing countries should have a space in global negotiations.
   
   
3. Donors need to change their mind-set and follow on the local success stories. They must make evaluations to see if they themselves are learning.
4. Donors should search for authentic national actors as there is huge invisibility of community workers