Human Rights, Good Governance and Globalisation: a South Asian Perspective

Human Rights, Good Governance And Globalisation: A South Asian Perspective Riyaz Punjabi *** Introduction guidance to States in achieving this very objective. Therefore, UN The evolution of organs, accountable to UN and mechanisms of protection monitoring the implementation of and promotion of Human UN standards were created. It may Rights within the framework of UN be mentioned here that ECOSOC is charter has been a distinguished one of the six Principal organs of the feature of the Charter of the UN system established by UN Organization. The main objective of Charter. the Organization was to prod the states towards establishing and Human Rights strengthening a constitutional- democratic order in the post Second Universal Declaration of Human World war decolonized world which, Rights was adopted by UN General in fact, had the local, regional and Assembly in December, 1948. The international implications. Trans- UN Economic and Social Council formation of new States at the (ECOSOC) which is the principal political, social and cultural levels and organ of the UN system established bringing them within the framework by UN Charter, created the of a democratic order was an arduous Commission on Human Rights task which required structural which was later replaced by UN changes and persistent initiatives on Council on Human Rights as a the part of States. Moreover, there was subsidiary body of the UN General a realization that the prerequisite of Assembly in March, 2006. The this transformation was to provide reconstituted body added new and *Professor Riyaz Punjabi is the (Hony.) President, International Centre for Peace Studies, New Delhi. He is formerly Vice Chancellor, University of Kashmir and former Professor, Faculty of Social Science, Jawaharlal Nehru University, New Delhi. Journal of Peace Studies 3 Vol. 24, Iÿÿssue 1, & 2 January- June, 2017 HUMAN RIGHTS, GOOD GOVERNANCE AND GLOBALISATION: A SOUTH ASIAN PERSPECTIVE effective features to this body. One challenges gradually and the process of the prominent feature is the is still continuing. It may be introduction of Annual Periodic mentioned here that it took UN two Report of the states. These reports decades from the date of its formation provide an audit of States relating to to adopt Conventions on Civil and their performance in the arena of Political Rights and Economic, Social Human Rights. The Council keeps on and Cultural Rights which have introducing new themes according to special significance for the so called requirement of changing global Third World States. situations. Introducing the theme on Terrorism provides an illustration to Good Governance the point. In the same vein Council has been organizing panel The ground realities in the new discussions relating to human rights decolonized world and their issues from time to time. In correlation with the realization of December 2015 UN Human Rights human rights prodded the UN Council organized a valuable panel human rights bodies to look closely discussion on ‘a human rights based on the functioning of the governance approach to good governance in and issues related to it. After adopting public service’. (The details of this the Convention of Economic, Social discussion have been provided titled and Cultural Rights , it took UN ‘Document’ in this issue). Council on Human Rights two more decades to realize that human rights It needs to be recognized that the can not be realized without concept of human rights which was accomplishing the objective of Good the mainstay of human rights organ Governance . Thus, it was recognized was too generalized and even vague that Human Rights and Good in the initial phase. In case the human Governance were mutually rights body had to deal exclusively reinforcing and Good Governance with the so called First World, the was a condition precedent to the generalized concept would not create realization of Human Rights. In fact, much of the problem. However, the many a conflict in Asia and Africa challenge was to respond to the new and even in parts of Europe led the realities and predicaments which the UN bodies to this very realization. It newly decolonized states, generally is in this regard that Council on defined as Third World, posed for the Human Rights lays stress on the study UN Human Rights body. Therefore, of functioning of institutions and Human Rights responded to these monitors this functioning through Journal of Peace Studies 4 Vol. 24, Iÿÿssue 1, & 2 January- June, 2017 HUMAN RIGHTS, GOOD GOVERNANCE AND GLOBALISATION: A SOUTH ASIAN PERSPECTIVE different mechanisms to obtain the good governance required state’s to data from the States. Governance has guarantee non-discrimination and now emerged as principal concern in equally in the provision of public this regarded. It is a little difficult to services. Good governance also prescribe a precise and compre- served as a strong driver of public hensive definition of Good confidence, peace and sustainable Governance. However, it is well development (emphasis added). recognized that the exercise of When State–run processes and authority through political and mechanisms were transparent, institutional processes may be accountable to the people, operated defined as Good Governance. These efficiently and effectively, and processes should not be general , respected the rule of law, Public rather they have to be specific. These confidence was strengthened processes should be transparent (emphasis added) public grievances ensuring accountability and diminished, public well-being encouraging public participation. enhanced and economic and social World Bank has provided the progress improved”, (Document A/ following indicators of Good HRC/31/28). Governance: a) democracy; b) transparency; c) accountability, and In most of the Asian countries in d) improvement of quality of human general and South Asian states in life. It may be underlined that a shift particular, the declarations of has to be brought about from constitutional-democratic order have governance to good governance . been made. And prima facie most of (Emphasis added). these countries claim to be democratic. However, as experience South Asian Scene and case studies reveal, most of these state suffer from serious deficiencies In a panel discussion on a ‘Human from human rights perspective. In this rights – based approach to good regard, it should be a rewarding governance in the public service’, the experience to look at South Asia as a following introductory remarks are region and point out successes and highly relevant: failures in the societies comprising this very region. A concerted and a “Human Rights and good joint effort is needed to bring about governance were intrinsically systemic reforms in these states. interlinked and interdependent. A South Asia, geographical contiguity human rights – based approach to aside, equally shares linguistic and Journal of Peace Studies 5 Vol. 24, Iÿÿssue 1, & 2 January- June, 2017 HUMAN RIGHTS, GOOD GOVERNANCE AND GLOBALISATION: A SOUTH ASIAN PERSPECTIVE cultural affinities. An approach to active in the political field for a critically examine the status of Good considerable period of time, people Governance and Human Rights in would accept it without demur. In these states and underlining most of the cases that is not a fact and challenges and opportunity would be the manipulation is too obvious. In a rewarding experience for these case of India, from the state of Jammu states. The scrutiny of the and Kashmir in the north, down to functioning of institutions is the first the South; from the East to the requirement in this behalf. Western part of the country, this tradition is well entrenched. It needs Democratic Institutions to be realized that at the public level it creates disenchantment which South Asian states during the leads to alienation of masses from the colonial era were directly either under system which manifests in different British rule or these were ruled by the forms particularly through violent Princes. In both the cases, family and means. A perception prevails that it kinship dominated the structures of is the manipulation of the system the government. In post colonial era which needs to be rectified. It is an and with the onset of democratic irony that the general public which order the tradition of domination of hold voting power is not sufficiently structures by the family, clan and aware of this power owing to many other related kinship continues in a factors including illiteracy and new garb which is the primary ignorance. However, democracy in reason of alienation of common South Asia is facing challenges which people from the system. It is assumed invite interventions at various levels. that politics means access to power It is well recognized that it is through and domination of government democratic institutions which the which has to be acquired and political power is controlled. Political controlled through any means. It is parties/groupings devise strategies often argued that politics being an to control the political institutions. open field and anybody can jump in Since it is the established practice to this field to perform. However, the contorl these institutions through the problem arises when sharing of mechanism of numbers and political power is done as the practice establish the supremacy on the basis of succession in tune with the feudal of majority/minority basis, a autocratic order. In case the family perverse methodology to deal with members of a politician have a record this mechanism

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