Resilient States, Engaged Societies & Legal Empowerment of the Poor: Strategic Issues in...

Paper presented to WMU Center for African Development Policy Research (CADPR) Conference: The Challenges of Good Governance and Leadership for Sustainable Development in African States. Western

Michigan University August 14-16, 2014. Chapter from a forthcoming book by the author “Resilient States, Enlightened Societies & Legal Empowerment”

Respublica Literaria Republic of Letters

Resilient States, Engaged Societies &

Legal Empowerment of the Poor: Strategic Issues in Sustainable Development Management

Costantinos Berhutesfa Costantinos, PhD School of Graduate Studies, College of Business and

Economics, AAU Abstract

Beginning in the early 1990s, Africa has been experiencing a major ground swell of social, economic, cultural and political changes. Notwithstanding the remarkable successes, formidable challenges prevail as state institutions often are burdened by counter-productive incentives and constraints that outweigh or outlast efforts to ameliorate them. A combination of the Western prescription of the basic ingredients of „democratic tradition‟ – elections, rule of law, economic, social and political governance have spun opportunities and threats to social stability and political sustainability. The knowledge gap the paper addresses is the nexus between good economic, political and social governance and sustainable development, augured on legal empowerment and the construction of democratic rules and institutions. Gaps identified in constructing the architecture for good governance are remuneration of civil servants, absence of checklist and framework for appraisal, lack of skills, attitudes and knowledge management systems. On the arrearage side for meritocracy, the lack of a system of publicly known and acknowledged public appointment at all levels of the civil service could be undermining of the career structure. Strategic entry points for reform are systematic review of objectives, outputs, activities and verifiable indicators for utility of civil service institutions. Furthermore, the need for a rights-based approach, knowledge management systems, code of conduct for the communities of practice, integration and mainstreaming, leadership capacity building, remuneration and career incentive, independent human quality development think tanks and education for democratic citizenship is imperative.

Key words: Sustainable Development Management, Resilient States, Engaged Societies, Legal Empowerment

1 | Effective leadership, engaged societies and legal empowerment

1. Introduction

The 21st Century has ushered in a time of unprecedented global wealth and extraordinary opportunities; but poor nations have yet to benefit from this. In this globalization of prosperity and plenty, an important dimension that features prominently in the poverty discourse is the relative contribution and weight of international mechanisms for promoting sustainable development (SD). An array of declarations, communiqués and action programs, notwithstanding, the human development crisis and progress towards continues unabated. Massive militarization and persistent armed conflicts, economic crisis manifested by absolute poverty and a vicious socio-political environment, has rendered societies and polities one of the tragic scenes of present day human crisis (UNEP, 2002; Costantinos 1995: 3-5, Costantinos 2000: 1), rendering whole populations chronically dependent on international food aid charity.

Fittingly, the global community has tried to build parallels between sustainable development and governance. Not surprisingly, and invariably, international development assistance is being re-designed to include governance programs that are based on pillars of support aimed at strengthening civil society and the various coordinates of governing institutions. The effort requires that we pay careful attention not only to specific objectives pursued -- the distinctive agendas, interests, and concepts that determine the domain of their activities -- but also to the framework of political thought, discourse and action. Through this, stakeholders translate these specific organizational elements into a broader pattern of ideas and apply them to sustainable development. The first step consists of a description of the central component of the sustainable development strategy in objective terms, noting problems of political and social change identified and solutions offered, i.e., the articulation of issues, goals, task, mechanisms and activities. The second step is analysis of the sustainable development strategy - examination of its sources, elements, features and limitations and its implications for change (Costantinos 1997a:3-4).

The new “international aid architecture” of country-driven development strategies under the 2005 Paris Declaration is an international agreement to which over one hundred Ministers, Heads of Agencies and Senior Officials adhered and committed their countries and organisations to continue to increase efforts in ownership, harmonisation, alignment, mutual accountability and managing aid for results with a set of monitorable indicators. It has opened up institutional space for a more reflective lending approach that considers the political economy risks to sustainable and effective policy reform, which adopts a more nuanced perspective on the notion of “country ownership” of reform. It is widely recognized within the international development agencies that understanding the political context of reform processes is important for engaging in policy dialogue for policy change. It is also recognized that a failure to anticipate political and institutional challenges is often a chief cause of unsuccessful policy reform processes (Koeberle, et al., eds., 2005).

A series of interview instruments that reflect the range of issues and questions were administered, designed to collect a wide range of factual and attitudinal data. Interviews were held with knowledgeable personalities from various occupations. The paper addresses the political theory on the nature of the State, effective leadership, engaged societies & legal empowerment for sustainable development. Hence, the paper demarcates the agency and ideological purview that address the multi-dimensional, multi-sectoral and multi-track policies, strategies and processes to create the holism enshrined in sustainable development, which can only be achieved through the synergy in resilience, economic efficiency, social equitability and ecological stability. In this faith, governance for sustainable development links to the formation of ecological, social, economic and political capital in terms of collective ideology, action, organization, and leadership to ensure people‟s participation in sustainable development administration as citizens of a political society.


2. Statement of the Problem

Beginning in the early 1990s, Africa has been experiencing a major ground swell of social, economic, cultural and political changes. Notwithstanding the remarkable successes, formidable challenges prevail as state institutions often are burdened by counter-productive incentives and constraints that outweigh or outlast efforts to ameliorate them, among which the justice system is generally characterized by pitfalls in the dispensation of justice and law enforcement. While a growing array of qualitative and quantitative research suggests that legal empowerment has helped advance good governance and development, in numerous countries, law-oriented development aid goes mainly to a narrow range of state institutions, whereas the legal priorities of the poor often rest elsewhere; hence, a need for a paradigm shift in how to integrate law and development. In addition, African legal regimes are carbon copy of European laws that do not augur in local aspirations, values and mission of societies (Galub, 2003)

A combination of the Western prescription of the basic ingredients of „democratic tradition‟ – elections, rule of law, economic, social and political governance and the Washington Consensus have spun opportunities and threats to social stability and political sustainability (Ahrens, 2000). Democratic development derives from certain structures, which reflect long-term historical developments in the economy and society, determine whether there is an enabling environment for democratic development. With reference to governance, the relevant rules concern administrative accountability, transparency and predictability (ALF/GCA, 1993). The Washington Consensus, which was meant to reinforce the above, included ten broad sets of recommendationsi (Williamson, 1989) but has been the target of sharp criticism that it is a way to open up poor nations to large multinational corporations, frequently citing the Argentine economic crisis of 1999-2002 as a failure.

Hence, the knowledge gap the paper addresses is the nexus between good economic, political and social governance and sustainable development augured on legal empowerment and the construction of democratic rules and institutions. The research questions augur on the nexus between good governance and sustainable development.

What is the link between good governance and sustainable development administration?

What are the trajectories leading to democratic rules and institutions in Africa and how do they manifest in the performance of good governance?

How does legal empowerment contribute to good governance and eventually sustainable development?

3. Governance and capacity for sustainable development

Governance is premised on the concept of finding an appropriate balance between governing and government. Governance is about practice, not theories nor structures; it is about what people do. It involves interaction with and participation of people at the local levels with the national level. An examination of the concept of governance requires an analysis of actors, tools, techniques, strategies and processes that drive the system. A general understanding is that governance is defined by socio-economic structures and the presence of a strong middle class or discontinuous dynamics where politicians have complete clout and their ability to allow certain political institutions to function or not. Nevertheless, the most important of these are political rules and institutions that underpin macro rules, such as the constitution, which form the foundation for active policies. Institutions are the political parties, which indicate the separation of power and state. To achieve governance, processes and structures are required. This means, that we start from where the current capacity, then move to the desired capacity. We cannot have process without structure. We need to examine the adequacy of structures in light of the processes that have been identified.


Capacity has a technocratic orientation that is an important part of what we need to address. Although we focus on collective capacity, it is often individual capacity, which we need to address. Capacity is being able to make decisions, which respond to the needs of the collective as well as those of the individual. It is defining norms and subsequently translating those norms into programs. Further, it is defining what specifications an organization‟s capacity must meet. Must it be non-coercive, participatory or consensual? Capacity is being able to make decisions which can be effective and which can respond to the needs of the collective. There are many obstacles to governance. While governments are not committed to their constitutions, very crucial is the absence of any coherent public demand for good governance. Furthermore, the popular perception that governance is caring allows people to convert it into their own interest where donor relations are unproductive; creating dependency relationships with polity and society.

It is important to focus and have a consensus on which capacities are priority. If we make the agenda too large, it will not be achieved. Given that we are asking people to change both their culture and systems, change must be implemented incrementally. We need system plasticity - that is systems must be flexible, adaptable and be able to reinvent themselves. Sustainable systems require focus on rules and institutions, rather than individuals. Thus, any the type of leadership that evolves in the system must model a type of leadership that will sustain. The prerequisite to achieving sustainable livelihoods and good governance is ownership. Getting this process started, however, may require finding champions and instituting rules and institutions that create champions. We must find an entry point and use the designed strategy to build from that point. We must create an enabling and empowering environment for people to participate. Two levels of process: Identify process we are trying to change (target of opportunity) processes that are amenable to change and identify the “the target of opportunity “process to support change.

In this regard, questions arise as to how one-screen policies can for their contribution to sustainable livelihoods. What tools are available/ required? What policy shifts from existing scenarios are required at international, national and local levels to promote sustainable livelihoods? What governance arrangements and processes are required to promote sustainable livelihoods? Identify advocacy strategies to achieve the governance and policy shifts required. How can we better define ways of enhancing its role in fostering sustainable livelihoods? What constitutes effective policy at national, sub-national and international levels and where is the effective interface...?

In a chapter contributed to Handbook of Sustainable Development Administration (Marcel Dekker, Inc., 2006), Costantinos elaborates on the underlying premises of the sustainable development concept while underscoring its nexus with governance policy. Concretely, he highlights how the global community has tried to build parallels between poverty and human destitution with the governance regimes that exist in poor nations, a governance program based on pillars of support aimed at strengthening civil society and various coordinates of government and governing institutions. He further acknowledges the challenges of transitioning to a sustainable development path despite the current democratically favorable contemporary global conditions. In probing the sustainable development–governance nexus, Costantinos focuses his research on the evolving” political theory” of governance in which polity seeks mechanisms to convert political preferences to sustainable development administration; sustainable development policy analysis, formulation, and management protocols making public policy accountable, transparent, and predictable to the local/global community. Moreover, he dwells on establishment of the conceptual, operational, and functional nexus among sustainable development theory, policy, and tools and sustainable development administration in relation to assets and capital.

In his final analysis, Costantinos notes that the comprehension of governance as a sustainable development tool is imprecise simply because the concept is still evolving. If we are looking for sustainable systems, then we need to focus on rules and institutions, not individuals. Leadership


comes out of the context; hence, it is also necessary to change the context. One of the most critical human concerns shaping the global discourse on the current mode of development or progress has been related to the question of its eventual sustainability. During the recent three decades, the debate on sustainable development has gained increasing significance such that it has been reified into an “ideology” (Crabbé, 1997:1).

The dynamic and multifaceted concept of sustainable development has been the subject of intense research in both developed and developing countries during the last two decades. The concept of sustainable development has become one of the most significant global issues in terms of academic discourse and practical policy debate, arguing that its conceptual clarity and consensus remain a basic precondition for meaningful debate and effective policy formulation. Despite series of discussions, analyses, and critiques in an enormous number of publications & conferences, there are still considerable disagreements over the definition that have major limitations in terms of their tendencies to be empiricist, reductionist, unilinear, human-centric, and even hegemonic.

4. Sustainable development Administration – issues and challenges

4.1. Theories of development

Theories of development have evolved useful tools over the past six decades; (modernization theories (1950‟s, early 1960's) dependency theories (late 1960's, early 1970's). world economy view (late 1970‟s, early 1980's), basic needs approaches (late 1970's) and the alternative modes of production and sustainable livelihoods that are directed at empowerment and human development. (Colfer, et. al., 1982) culminating in an increasing awareness of the necessity to ensure sustainable management of resources. This awareness lies behind the current encouraging trend in which institutions at all levels are becoming willing to acknowledge the management potential of endogenous institutions, and that it is necessary to base development efforts on local aspirations, and to use the local potential as a bridge between endogenous and formal institutions. Thus, an important challenge concerns the strengthening of civil society, a process requiring a broader approach and time perspective than is prevalent in approaches in currency today - retrieval of community history and adaptive strategies that lead to sustainable livelihoods (UNDP 1998, 2-3) within a robust and historically sedimented framework. The approach aims to restore the salience of decision- making and provide an integrated framework for diverse goals.

4.2. Complexity, uncertainty & triangulation in sustainable development policy analysis:

Sustainable development has been routinely defined as the ability of present generations to use resources today n ways that keep open options for the use in the next generation. For policy analyses purposes, sustainable development policy analysis is complex and uncertain – hence the complexity and uncertainty theories. Uncertainty is lack of information, knowledge (what matters) and predictability of courses of events and complexity refers to systems components, differentiation and interdependence. According to Emery Roe (1998: 92-93) Girardian economics claims, “Sustainable development is at best a social convention, which for a time underwrites and stabilizes decision making under high uncertainty in a way that its subscribers believe keeps options open for the future”. Culture Theory asserts, “Sustainable development is inevitably defined differently by each culture”. Critical Theory underpins, “While opposed to standard economic growth prescriptions, sustainable development is really artificial negativity that leaves untouched the issue of whether or not the New Class resource managerialism is appropriate at all”. The Local Justice Framework approach propounds, “At best, it is a justice/ injustice cycle that recurrently comes back to the notion that we should manage resources today in ways that leave open future options for their management”.


The four schematics as standalone approaches will have their limitations in analyzing sustainable development policies, strategies, processes and structures. Triangulation provides a novel opportunity to approach our analysis of sustainable development from comprehensive literature and database reviews (Ibid). Complexity and uncertainty theories notwithstanding, the actionable approach to sustainable development can be described at three levels (Costantinos, 2004:4-5). These are a set of normative goals, sustainable livelihoods and empowerment processes and as an integrative concept, which aims simultaneously to maintain or enhance resource productivity, secure their ownership of and access to assets, income-earning activities, and ensure adequate stocks and flows to meet basic needs (Banuri & Holmberg, 1992:3).

UNDP (1998) defines sustainable development as a combination of poverty eradication, empowerment and participation. However, the essence of the concept is not in its normative goals, but in a broader perspective, that gives rise to these goals. This is evident, from the way the two operative words are defined in literature. Sustainability is premised on decision-making, which reflects a balance among economic efficiency, ecological integrity and human well-being (including equity considerations). Livelihoods are the assets, activities and entitlements by which people make a living and sustainable livelihoods are derived from people‟s capacity to access options and resources and use them to make a living in such a way that does not foreclose options for others to make a living, either now or in the future.

5. Political theory on the nature of the State:

5.1. The complexities of the transition to good governance:

The complexities of the transition to good governance, policy and institutional reform, the assumptions that are made based on perceived necessities or demand have been presented in the backgrounder. It follows from this that the question now to ask is how does good governance transitions occur. The design and methodology resource paper, which identifies various strands of the literature on political change, suggests that good governance derives from socio-economic structures, contingent political dynamics and political institutions. The key research question is then, is the endowment of political institutions conducive to good governance? There is more explanatory mileage in an institutional approach than either a structural or a contingent perspective. It promises a policy-relevant account of political transitions that is simultaneously comprehensive, manageable, and plausible. An emphasis on political institutions lends itself readily to comparative analysis and, with it, raises the prospects for theoretical dividends. (ALF/GCA, 1993:3)

5.2. Shortcomings of the research in the nature of the state:

At the outset, a study on good governance, policy and institutional reform in itself poses serious threats to both the incumbents and the opposition as such. In-depth look into social and political processes that spawn people‟s empowerment may result in articulating the problems much more than what the political protagonists may be willing to admit. Political transition to good governance, policy and institutional reform presents serious problems because of shortcomings and limitations of what good governance, policy, and institutional reform is.

5.3. General hypothesis and research methodology:

The paper contends that political transitions can be explained with reference to two institutional factors: political organizations and political rules. The central hypothesis is that the relative strength of political organizations determines the rules of the political game that are installed. Good public management requires a plural set of political organizations, which promote and protect rules of peaceful political participation and completion. Together, good public management institu-tions ensure control of the state executive. In taking an institutional perspective, the study assumes that actors in the political system express preferences through organizations and that these organi-zations vary in strength according to their resource base.


Good public management, policy, and institutional reform can be attained only if legal texts are applied to ensure full accountability, transparency, and predictability of the executive. With reference to good public management, policy, and institutional reform, these are rules concerning political competition and political participation. With reference to governance, the relevant rules concern administrative accountability, transparency and predictability. Rules may or may not be forma-lized. When formalized, they are codified at three levels: Constitutional Rules, Legislated Rules and Administrative Rules. The relevant rules are operationalised below. The list is illustrative ra-ther than exhaustive. Political institutions in Africa will inevitably display distinctive indigenous ex-pressions of participation, competition, and accountability. These generic characteristics apply to state and non-state organizations in any country setting. These are organizational autonomy (the independence of the organization to set any pursue its own goals and objectives); capacity (effec-tiveness of the organization at achieving its stated objectives); complexity (the bureaucratization of an organization‟s internal structure) and cohesion (sharing of common values, goals, and organiza-tional culture among an organization‟s leaders and members). In combination, these characteristics determine the relative strength of an organization (Ibid, ALF).

6. Findings of the research

6.1. Gaps identified in constructing the architecture for good governance

6.1.1. Remuneration and political appointment:

Remuneration of civil servants is much lower than what they could earn in other sectors, and is significantly lower than the private sector and NGO sector. This has encouraged thousands to flee to the NGO and private sector and migrate to work in other countries. Governments also have sig-nificant gains in institutions such as the Ethiopian Airlines where separate remunerations systems have been placed to contain the pilots from being attracted by the lucrative contracts afforded to them by the Gulf States. Nevertheless, these are exceptions rather than the ruleii. The pay and incentive system is basically the same to the majority of civil servants irrespective of whether they work for the federal or regional governments. Civil servants in separate and relatively better pay systems are those working for institutions allowed to develop and implement their own separate pay scales within the legislative framework governing the overall civil service pay system. Both federal and regional civil services also have similar conditions of service. Unlike their counterparts in public enterprises, the NGO and the private sectors, they are not allowed to negotiate pay increases and are prohibited from collective bargaining (Costantinos, 2014:5)

On the arrearage side for meritocracy, the lack of a system of publicly known and acknowledged political appointment at all levels of the civil service could be undermining of the career structure. It denies senior civil service positions to be held by competent career civil servants. Political parties in power designate and allocate positions to their members. Lack of systematic political-appointee-ca-pacity-building has deprived grassroots leadership development. Absence of framework for appraisal, skills and attitudes has resulted in a weak planning system. iii

6.1.2. Human qualities for good governance and sustainable development

Africa needs to go beyond in developing commercially viable businesses and projects to human qualities that drive the management engine. The continent needs to accord the critical role of the human factor in creating sustained human development, its proper place within the process of de-velopment management. The human factor underscores the rationale for the need for a revolution-ary action plan. A major contributing factor to the appalling situation is that there is and has been a shallow understanding of and a feeble grip on, the essential components that constitute the required human qualities for development and the intensive and comprehensive nature of their development and utilization processes. As such, important components and commitment required to build and


use a quality labor force for accelerating and sustaining growth are not properly addressed in the education, training and productivity programs.iv

6.2. Systemic impediments to meritorious civil service:

Historical and ideological realities have influenced the civil service in the past. They have had significant impact on its meritorious development. Indeed, the state has proved to be the main channel for securing privileged position in society. As the result of the socialization of the means of production, there was no patrimonial class differentiation and the state power was appropriated to the political elite or bureaucratic bourgeoisie, which mainly constituted well-educated top officials and some high-ranking officers. It was characteristic of the group that it did not exert control over means of production but utilized its position in the state apparatus to provide itself with an eco-nomic basis by indulging in corruption and nepotism. The economic rewards of the public sector are so much for the majority of people that politics has become a much more brutal struggle.v

6.3. Services-based versus rights-based

The civil service reform program framework focuses more on service-based approach rather than the rights-based approach, which is caused by the inherited institutional attitude. This is identi-fied as a threat to motivation and passionate participation. District level deconcentration of power within the decentralized system i.e. concentration of power by officials not community power and region-district power conflict have been identified as a threat for devolving decision-making power and efficient RBA delivery. Human security within the remit naturally connects several kinds of freedom -- freedom from want and fear and freedom to take action on one's own behalf. Ensuring human security expands “the real freedoms that people enjoy.” So how can we protect the basic freedoms people need? In addition, how can good governance enhance people's capabilities to act on their own behalf?vi

7. Institutions of civil service reform

7.1. Building robust civic organizations

The non-state sector, while very competent with most CSOs having independent boards of di-rectors, and operate according to a constitution or other set o binding principles, is still not well de-veloped, with organizations serving a limited section of the population, rural as well as urban labor unions and professional associations exist and do they promote the rights of their members. Inde-pendent institutions such as policy or political and economic think tanks do not exist. Hence, CSOs act as intermediaries between the government and their members. CSOs are legally allowed to exist but legislation permitting CSOs to earn revenue does not exist and hence most CSOs are not self-financing. While the existence of committed leadership is observed at the higher echelons of the CSO leadership management, staff that generally lack of strong values, positive attitudes towards organizational values and culture at the lower strata are a result of factors such retreat sessions for self-evaluation and conducive working environment. Working with poor and marginalized people in remote areas of the country has contributed for this. There has been limited leadership training opportunity because of overlooking the importance of leadership development.

7.2. Institutional Motivation

The need for motivating the civil service and improving organizational performance has enabled Government parastatals as they have separate management structures. It has enabled them to have organizational policy, which incorporates carrier development on education both abroad and in country and promotion. The policy also indicates delegation of responsibility and authority. It also brings staff to a ladder, engages staff to establish management processes based on vision and values of good governance program. While the above factors were identified as strengths, the existence of vacant positions for a long time, which resulted in burden of work, limited communication system in


the rural areas such as satellite dish and world space, which are attributed for lack of proper understanding and attention, were mentioned as weaknesses. Lack of systematized induction system because of lack of guideline and longer procedure in recruitment and low participation of administrative staff on different forums were mentioned as limitations of the internalization process. The unsystematic nature of documentation and learning because of limited writing skill was also indicated as the weaknesses of the institutionalization of shared values and mission.

7.3. Developing an Independent Civil Service

7.3.1. Rationale:

As has been described earlier the architects of the post-1990s African transition zeroed on local empowerment and decentralization as a political strategy for self-government. The single most important influence over how democratic development has been carved, conceived, initiated and is currently constitutionally formalized is the politics of self-determination and self-government. Consistent with this strategy, the nation has undergone a major restructuring of its polity, setting the foundation for and cutting it up into a score of regional governments based on linguistic, ethnic and cultural identity. Within such a set-up, it is advisable that a generational transition period for the independence of the civil service be devised. Africa needs to develop a neutral civil service, which participates in the political process; where the leader of the civil service is a civil servant with complete administrative responsibility responsible for making the civil service an active instrument in carrying out the policies of the government.

7.3.2. Strategic entry points:

The entry points for building the capacity of the districts would not be simple and straightforward. A lot of work has to be done while traditional capacity building work is being done. To support on-going policies, strategies and programs, donors need to undertake

7.3.2.1. Systematic review of objectives, outputs & indicators for M&E

A systematic and independent review of the civil service institutions vis-à-vis the rights based approach to complement the service-based approach, KM, Integration and mainstreaming, stopping the brain drain from the nation and from the civil service, founding an independent human quality development think tank and reviewing the quality of training and education in human development. A review of the macro policies directing the civil service and civil service reform is imperative with a view to complement these documents with global best practices. This will allow expediting the slow pace of reform that is consistently reported upon by the evaluations and progress reports presented.

An important recommendation is to undertake a systematic and independent review of the objectives, outputs, activities and verifiable indicators for monitoring the impact stipulated specifically focusing on the merits of building and enhancing the capacities of civil service reform coordinating structures. Moreover, it should be directed at enhancing performance and service delivery in all national, regional, and sub-regional civil service institutionsvii. The Results Oriented Performance Appraisal System needs to develop a specific guide that describes specific requirements and processes of civil service development and management programs and projects. The guide provides significant guidance in support of management programs and projects that will include specific processes and requirements associated with management programs and projects. Harmonized and integrated programming must be undertaken to manage processes successfully to produce development results, by applying accepted international standards.viii

7.3.2.2. The Rights-Based Approach to develop civil service institutions:

The civil service reform must tally very well with the UN Commission‟s Human Security definition of the parameters of the idea of human security that are fitting very well with human


development and human rights. It also adds something substantial. Human security and human development are both fundamentally concerned with the lives of human beings -- longevity, education, and opportunities for participation. Both are concerned with the basic freedoms that people enjoy‟. However, „they look out on shared goals with different scopes. Human development is about people, about expanding their choices to lead lives they value. It has an optimistic quality, since it focuses on expanding opportunities for people so that progress is fair -- “growth with equity”ix (UN Commission on Human Security, 2003).

Many human and resource development ideas are inescapably interventionist, intrusive and aggregative. Hence, there, there is an important need to keep the individual at the center of any larger unit that has the potential to discriminate against its own members. This is especially so for women in society. Respecting human rights is at the core of protecting human security. The Vienna Declaration of Human Rights stresses the universality and interdependence of the rights of people. Those rights have to be upheld comprehensively as proclaimed in the Universal Declaration on Human Rights and the African Charter on Human and People‟s Rights.

7.3.2.3. Developing Knowledge Management systems:

Within the context of the civil service, knowledge can be divided into two spheres. These are explicit knowledge within formal, codified knowledge that comes in the form of books, documents, white papers, databases, and policy manuals, etc. and tacit knowledge is defined as informal, un-codified knowledge found in the heads of people: highly experiential, difficult to document in any detail, ephemeral and transitory… Simply put, knowledge is the most valuable of strategic resources, and learning one of the most important capabilities for expanding its development resources. Within this context, in KM, we observe the lack of MIS, which is essential for systematic database, learning, action and feedback that have been identified as a major weakness. Information sharing to grassroots level and the non-exploitation and limited usage of media to the desired level were also identified as limitation of communication efforts of the organization. A four-week study must be undertaken on KM review to develop a multi-track communications strategy that enhances the capacity of good governance program to articulate their vision, mission, and value systems.

7.3.2.4. Integration and mainstreaming:

An essential approach for expanding multi-sectoral actions to engrain the tenets of governance, gender, RBA in the civil service; constituting a range of practical strategies for scaling up activities within the civil service is integration and mainstreaming of HRM and HRD ideals. Mainstreaming will engage governments, academia, NGOs, private sector, individuals, faith organizations, etc., that can both meet their needs as well as apply their comparative advantage to integrate specific aspects of civil service reform initiatives; providing a mechanism through which multi-sectoral strategies can be analyzed and acted upon, within demarcation of responsibility, building up multi-echelon, yet co-herent interventions. The rights based approach to development is one of the latter insights that are currently informing development planning and practice. The 'livelihood' aspect of sustainable live-lihoods draws on an analysis of assets, which parallels the above analysis of capital. Livelihoods de-pend on assets: Adaptive Strategies, Claims, Access, Stores and Resources (intangible and tangible assets).

For every human being, to be able to realize their full potential, basic needs that require to be met are economic empowerment and security from violence and violations, participation and iden-tity, which incorporate self-determination and choice, social capital development and information and transcendence (spirituality). The norms and principles that societies then develop to ensure that these needs are met for everyone, and the values that inform these principles, are the bedrock of the modern notion of human rights. What this means therefore is that development, which is about working with people to facilitate the meeting of these needs, necessarily involves (or should involve)


a discussion centered on how these norms (rights) enable the meeting of everyone‟s needs, which in turn enables everyone to fulfill their potential. People know what infringes on their dignity, and working with them to have that redressed is the rights based approach. The following figure identi-fies tools and processes to achieve the above

Figure 1: Processes in mainstreaming the rights-based approach

7.3.2.5. Stopping the brain drain, turning it to brain gain

People and capital are risk-averse. People and capital have a strong preference for migrating to locations where they will feel safe and respected. The Diaspora is no exception. For African governments to institute such positive measures would be good news for the Diaspora and great news for its own citizens. It ultimately comes down to a fundamental question: Are we willing to change? Even when the transition is from worse to better, change is never easy. As Noah Samara said, the U.S. activist Saul Alinsky grasped these inherent dynamics when he said, Change means movement. Movement means friction. Only in the frictionless vacuum of a nonexistent abstract world can movement or change occur without that abrasive friction of conflict. Refusing to change is also a choice. Maybe that would spare Africa some abrasive conflicts, but it would condemn it to disease, poverty and ignorance.

7.4. Leadership capacity building:

7.4.1. Political leadership of good governance

Political leadership of good governance requires intimate knowledge of public policy analysis, formulation and management and development of strategic plans and implementing them. We can identify four main aspects to this: analysis, formulation and management of policy, strategy, process and organization, obtaining policy consensus, ensuring that the public service and ancillary organizations can actually carry out the stated policy, and not see it subverted, neglected or undermined and consistency and commitment: ensuring that the policy is implemented with sufficient energy to actually work. An inspiring „job‟ of leaders must be not only the power over discourse but also their ability to shape morality, to determine what is socially acceptable, culturally sound and politically uplifting. Indeed, leadership is more than a job; it is a calling.

7.4.2. Remuneration and career incentive:

A careful independent study must be launched into developing the civil service with a view that it can be the harbinger of a better governance regime will emerge. These are undertaking a study to

Rights-based enquiry and situation analysis

Sustained Implementation of RBA Activities

Legal strategic analysis & strategic plans

Rights Strategic Framework – Its core mission to “secure, enforceable property and labor rights, within an enabling environment that expands legal business opportunity and access to justice”

RBA Evaluation

RBA Institutional Arrangements

Managing strategic RBA Information

Mainstreaming RBA operational Plans

RBA local level decentralized management


build a core civil service. Processes must be initiated to develop a core civil service focusing on political, social and economic governance responsibilities of the state vis-à-vis the human development service delivery institutions can be administered outside the remit of the civil service. An independent review the remuneration system and post-adjustment of the Core Civil Service supporting the work of the key governance functions: legislature, judiciary and executive vis-à-vis the private sector, NGOs and parastatals is imperative. This must be coupled with an independent review of other incentives such as training, higher education and executive management programs

7.4.3. Independent human quality development think tank:

This is the single most powerful investment in good governance program is investment in human beings in the only instrument to deal with a good civil service. People are the instruments of their own performance, and to be effective, they need to recognize the importance of taking time regularly to sharpen the saw in all four ways. The more proactive you are, the more effectively you can exercise personal leadership and management in your life. The more effective you manage your life is the more renewing activities you can do. The more you seek first to understand, the more effectively you can go for synergetic win/win solutions. The more you improve in any of the habits that lead to independence the more effective you will be in interdependent situation. Renewal is the process of renewing all the habits. For these, nations need independent human quality development think tank, able to tackle issues in a solution-oriented way, can be of immense value.

7.4.4. Education for Democratic Citizenship:

The entire developed world - from Japan to Sweden, to the USA, to Chile, to Australia etc., the quality of education has become the lynchpin of national development. Many studies shave underlined the importance education and training in a highly competitive environment that especially demands the fundamental ability to acquire new knowledge and new skills, e.g. „to learn all through life‟. The fundamental qualifications today comprise „the ability to develop and function in a complex environment with a high degree of technology and build on the progress made by more substantial investment in the knowledge base‟ (EU, 1993). Public self-assurance in “academic standards” require public understanding of the achievements. The qualifications framework is designed to ensure a consistent use of qualification titles” (QAA, 2004 & CHEA, 2004). The main purposes of the framework are to enable all stakeholders of the tertiary institutions to understand the achievements and attributes represented by the main qualification titles.

Citizenship is an important concept in the late twentieth century. Whether in the form of democratic movements, or of nationalist movements, the historic changes set in motion since 1991 in Africa have been produced largely by movements of citizens striving to realize or to redefine their citizenship rights and citizen community. The increasing economic, legal and political integration of the global economy is challenge to national sovereignty and citizenship. Hence, there is a need to involve the creation of a new movement on the sphere of citizen‟s rights, institutions and community. The emergence of the modern understanding of citizenship in the West was associated particularly with the advent of capitalism and of centralized nation states in the sixteenth to seventeenth centuries. Citizenship was finally given voice as a massively influential political concept in the seventeenth and eighteenth centuries by the events of the English, American and French Revolutions. The Rights of Man announced by these revolutions, their concepts of „liberty‟ „equality‟ and „fraternity‟ and their attempts to found the modern nation state constitutionally on the will of the people helped to construct the modern Western conception of citizenship (Korsgaard, 1997:7).

The concept of education and learning throughout life has emerged as one of the keys to the 21st century. Quality education, which hitherto has been connected to a certain phase in life, has now become a lifelong necessity that has now become the cornerstone in the renewal process of society. Quality education for critical thinking, empowerment and the development of conscious praxis


based on responsibilisation is the key to 21st Century competitiveness. “As the global marketplace promotes the acceleration of international linkages, branch campuses, single purpose programs and other forms of trans-national education, quality remains the key to their sustainability” (Lenn, 2004). There are three main challenges to achieving successful monitoring. Research must be based on high technical standards so that decisions are based on valid data. Monitoring should be conducted as part of a dialogue between the key educational actors - so that planning is based on useful information. Educational planners must be technically skilled, but also be able to act as 'information brokers', providing relevant policy-related syntheses (UNESCO, 2005)

7.5. A Code of Practice for politician-civil service interface, cooperation and synergy:

The Code is a statement of institutional principles and ethics for practice, designed as a reference document for all professionals and practitioners, to enhance intra organizational and inter organizational peer review mechanism of the civil service.

8. By way of conclusion

A disciplined, healthy, nourished, and motivated labor force is required to produce and distribute the goods and services needed for sustained human development. Leadership teams that are committed and willing with positive attitude to facilitate the process of opening up greater opportunities for every citizen are needed. The sector would require a proactive and innovative managerial and entrepreneurial team with capacities and will power. The crux of the challenge therefore, is creating, retaining and putting to productive use peoples with such qualities throughout the economy. It is about having the ability and willingness to identify, sequence, and execute human-centered development priorities and programs. It boils down to formulating and executing national and sectoral policies that would enhance Africa‟s aggregate commitment, will power and capacities to mobilize, develop, motivate, encourage and utilize all segments of the population. To meet this challenge is synonymous to meeting the development challenge at large.

Leaders are on the one hand responsible for breaking the boundaries of inward bound wisdom, of “common sense”, of patterns of thinking and behaving, which, over the years, have built themselves into routines, which pacify people to dormancy. On the other hand, they also have to maintain continuity whilst simultaneously promoting change; such is the nature of leadership ambiguity and contradiction that comes as part of the same deal. The allusion of the foregoing is that the leader is responsible for change management, and change in a transition implies some degree of anarchy. The nexus between the status quo ante and the new, between letting go of the status quo ante and adopting the new order, is most often a place where rules are bent, and habit and routine are replaced with periods of chaos. These are indeed pieces of good fortune and opportunities for change, although, if prolonged, can become perilous to the nation. Whatever our new leaders choose to be, they must have the zeal, commitment, diligence, greatness of spirit, consistency and strength to transform transitional chaos into development opportunities that current history will remember them for.

Let this stand as a testimony to the commitment of African leaders, business community, civil society organizations and academia to pledge their full support for a corruption free and well-governed continent.


References & endnotes

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Ahrens, Joachim. 2000. “Toward a Post-Washington Consensus: The Importance of Governance Structures in Less Developed Countries and Economies in Transition”. Journal for Institutional Innovation, Development and Transition (IB Review) 4

Banuri, T, and Holmberg, J (1992) Governance for Sustainable Development: A view From the South, London: IIED

CEENETWORK, 2005, http://www.Central and Eastern European Network of Quality Assurance Agencies in Higher Education (CEENETWORK),

Colfer, C., J. Pierce, D.W. Gill and F., An Indigenous Agricultural Model From West Sumatra: A Source of Scientific Thought for Agricultural Systems 26 (2): 191-209, 1988)

Costantinos, BT., Unleashing Africa‟s Resilience, (California, Lulu, 2014) Costantinos, BT. Is good governance evaluable? Concepts, strategic and processual elements, and analytical

limitations in evaluating national political and economic governance, (ECA, Addis Ababa, 1999) 27-21 Costantinos, BT., Building in-country capacity for sustainable democracy, Zambia Case Study International

Institute for Democracy and Electoral Assistance, 1997, a:5). Costantinos, BT. Political transitions in Africa, (ALF/GCA, 1996:22,24, 234)

Crabbé, P.J., Sustainable Development: Concepts, Measures, Market and Policy Failures at the Open Economy, Industry and Firm Levels. Occasional Paper #16, Oct 1997. Ontario: Industry Canada, 1997).

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Goodfellow, Thomas. Toying with the law? Reckless manipulation of the legislature in Museveni‟s Uganda (OpenDemocracy,16 July 2014, http://www.opendemocracy.net/thomas-goodfellow/toying-with-law-reckless-manipulation-of-legislature-in-museveni%E2%80%99s-uganda

Golub S., Beyond the Rule of Law Orthodoxy, (Carnegie Endowment Working Paper 41, Washington DC, 2003) p1

Haque M.S. & Mudacumura, Gedeon M., Introduction: Rethinking Sustainable Development Policy and Administration in Handbook of Sustainable Development Administration, (Marcel Dekker, Inc., 2006)

Koeberle, S, Bedoya, H, Silarsky, P. & Verheyen, G., Conditionality Revisited: Concepts, Experiences, and Lessons, (Washington D.C.: WB, 2005, accessed 08 April http://siteresources.worldbank.org/PROJECTS/Resources/40940-1114615847489/Conditionalityrevisedpublication.pdf)

Korsgaard, O Ed. Adult Learning and the Challenges of the Twenty-First Century, (Gerlev, Denmark, 1997) QAA, (2004) http://[email protected] UN CLEP, Concept Note, Background Paper. (New York, UNCLEP, 2006). UN Commission on Human Security, Human Security Now: Protecting and Empowering People, (New

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http://www.opendemocracy.net/thomas-goodfellow/toying-with-law-reckless-manipulation-of-legislature-in-museveni%E2%80%99s-uganda

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http://siteresources.worldbank.org/PROJECTS/Resources/40940-1114615847489/Conditionalityrevisedpublication.pdf

mailto:[email protected]

https://unp.un.org/details.aspx?entry=E03220&title=Human+Security+Now%3a+Protecting+and+Empowering+People

http://www.undp.org/governance/


i These range from fiscal policy discipline, redirection of public spending from subsidies, pro-

poor services, tax reform, market determined interest rates, competitive exchange rates, trade liberalisation, liberalisation of inward foreign direct investment, privatisation of state enterprises, deregulation, prudent oversight of financial institutions and legal security for property rights

ii Rigorous political appointee capacity building at the district level is also significantly hampered, as this is the entry point for investment in civil service reform. While there is a clear system of promotion in the civil service regulations, the fledgling human resources development, deployment and personnel audit capacities within the public sector have yet to be developed. Checks and bal-ances to ensure that promotion based on merit did exist to some degree, political changes over the past four decades have however necessitated the total reconstruction of the civil service system and the criterion for checks and balances have been over-ridden by the necessity to fill position of high significance with loyal personnel. While specific functions are clearly described, and chains of com-mand clearly delineated, there are recorded or known instances of promotion or appointment be-cause of patronage or corruption.

iii These concern lack of feedback for written reports; lack of impact indicators, lack of uniformity of monitoring and evaluation indicators and the lack of knowledge management systems

Lack of feedback for written reports; lack of impact indicators that are tied clearly to pro-grams of human and socio-economic development during the planning stage, attributed to absence of checklist has resulted in governance incoherence.

The lack of uniformity of monitoring and evaluation indicators; over-looking the importance of quarterly report that could have been adjusted for any encountered problems during im-plementation are some of the limitations of the process/system and working procedure of good governance program.

The lack of knowledge management systems, which is essential for systematic database man-agement, learning and action and feedback, is also an area identified as a weakness. Informa-tion sharing to grassroots level and limited usage of media to the desired level were also identified as limitation of communication efforts. In relation to this staff caliber at head of-fice level and staff profile at district level are weaknesses of the decentralized system.

iv Efforts have failed to produce and retain the necessary pool of self-confident, healthy, knowledgeable and skilled public and private sectors labor force, which is full of initiatives and resourcefulness with a sense of purpose, work ethics, vision, integrity and direction. The constraining factors in the debate that are worth noting are predicated upon are the focus of human resources development policies and programs that is placed generally on providing basic skills, which may not be as relevant or flexible to changing local and global imperatives. Hence, capacity building (even when professionally executed) is traditionally regarded and treated not as a sustained process, but appended to nearly all sector-development projects or programs. This approach neglects the intensity, complexity and comprehensiveness of human quality development. It is aimed particularly at upgrading only skills and knowledge of largely a redundant public service labor force. On the part of policy and decision makers and funders, there is an implicit killer assumption, which is left unattended; available workforce would motivate itself and be productive. It is essential that aggregate labor force productivity be induced, through deliberate strategies and policies as part of development management efforts not only for production to take on an increasing trend over time, but also to retain the qualified labor force. Lessons from Asia show a vital role to be played by government and private sector policies in these regards. A consensus has emerged in the development literature regarding the treatment of the issues identified above. A concerted and massive action over a sustained period, on the development and utilization of a pool of critical human qualities at all levels and spectrum of society would provide the foundation and engine for the elimination of absolute poverty and gaining a respectable and beneficial place within the process of globalization. A disciplined, healthy, nourished and motivated labor force is required to produce and distribute the goods and services needed for sustained human development. Leadership teams


that are committed and willing to facilitate greater opportunities for every citizen are needed. While advanced by all policies, the slow emergence of women into organizational and strategic leadership positions of the civil service is attributed to an external challenge i.e. the non-availability of qualified women in the civil service market. Nevertheless, organizational practices and program functions hardly promote team building. Notwithstanding the ambitiousness of the initiatives, they promote the values of human quality development and strongly work towards realizing this vision. This has yet to produce results though. The lack of processes to create future leaders who are capable of promoting the vision of good governance; limited opportunity to support staff to have adequate access to information, the lack of communication of higher level decisions on organizational issues to the staff are the principal weaknesses. The leadership also lacks socialization and conscious team-building exercises. Leadership commitment to create cross-functional teams and avail friendly relationship between staff and supervisors at all levels has not been observed.

v Because the state has often been the only available vehicle for the personal accumulation of wealth and for the formation of social classes, there is too much at stake in the competition for power and position in the bureaucracy. Political groups and individuals feel compelled to win at any cost even if that results in the socio-economic deterioration of the society or demands the cost of many lives. As the winner takes all and the looser is consigned to the political and economic wilder-ness, all the brutality and corruption of bitter fights ensure in every political competition. Conse-quently, this long established bureaucratic machinery would no doubt fight aggressively in order to obtain its patrons in positions of political power by any means possible.

vi Protection strategies, set up by states, international agencies, NGOs and the private sector, shield people from menaces. Empowerment strategies enable people to develop their resilience to difficult conditions. Both are required in nearly all situations of human insecurity, through their form and balance will vary tremendously. Protecting people's security requires identifying and preparing for events that could have severe and widespread consequences. Critical and pervasive conditions cut into the core activities of people's lives. Risks and threats may be sudden--such as conflict or economic or political collapse.

vii Moreover, it is to strengthen top management systems and build top management capacity for setting strategic planning, and improving performance measurement and assessment, reporting and top management decision-making, program management and managing value for money.

viii Central to the definition of results is that they are material to actual development – as seen by districts themselves. Defining clear, meaningful and monitorable development outcomes to which they can contribute is central to the results-based approach. Thus, results orientation implies that the processes of planning, implementing and assessing the organization‟s work are structured around achieving these outcomes. The fundamental base for civil service legislations begin with the staff regulations that embody broad principles of personnel policy for the staffing and administration of the civil service. Fundamental conditions of service and the basic rights, duties, and obligations of staff are also covered in the staff regulations. In order to implement this legislation known as the regulations, a detailed set of procedures must be developed. These are known as staff rules, which provide specific guidance on how to implement the broad principles as defined in the regulations. Individual rules should be periodically updated through the years according to the direction of the legislature. Further guidance could be made available from the International Civil Service Commission, which has issued a guide on how the code of conduct should be enacted.

ix Human security complements human development by deliberately focusing on “downside risks.” It recognizes the conditions that menace survival, the continuation of daily life and the dignity of human beings‟

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