Building Governance from Scratch: Myanmar and the Extractive Industry Transparency Initiative

ABSTRACT

The Extractive Industry Transparency Initiative is a set of transnational rules that aims at improving governance in the oil, gas and mining sector. Several resource rich countries have joined the initiative since its inception in 2002. The question is why and with what effect? The article explores the case of Myanmar and argues that both state and non-state actors use the transnational regulations of the Extractive Industry Transparency Initiative framework for their own ends. While the government attempts to attract broader foreign investment and increased foreign aid, civil society tries to address the human rights situation in the country. While this ultimately leads to conflict and confrontation in a society shaken by a long period of authoritarianism and civil wars, there is potential for the Myanmar Extractive Industry Transparency Initiative to provide an opportunity to improve state–society relations and build inclusive governance structures with an improved human rights record. However, the challenges are massive given the weakness of the state, ongoing armed conflict in ethnic minority areas and low trust between political actors.     

Avoiding another Brexit: the subsidiarity principle,the European Convention on Human Rights and the United Kingdom

ABSTRACT

Following a number of controversial judgments, the British government has been pushing for some time for a limitation of the supervisory powers of the Human Rights Court in Strasbourg. On a British proposal, the member states of the Council of Europe agreed in 2012 to include a reference to the subsidiarity principle into the Preamble of the European Convention on Human Rights. This paper describes these developments and explores the possible role of subsidiarity considerations in the context of international human rights protection.     

The global reach of the principle of subsidiarity: the case of Australia

ABSTRACT

The diffusion of the principle of subsidiarity across countries and regions has taken on a variety of forms. In the case of the EU and Australia the observed variation is most striking. The detailed comparison of the governance arrangements in a quasi-federal system with those of a fully established federation reveals a continuing divergence in the actual recognition of subsidiarity concerns.     

Political culture,state elites and regional security in West Africa

This article analyses the dominant patterns of political culture among West Africa's state elites in an attempt to understand what standards, beliefs and principles they cherish. We suggest that although there are significant differences across the region's states, the dominant political culture can be characterised as neopatrimonial, that is, systems based on personalised structures of authority where patron–client relationships operate behind a façade of ostensibly rational state bureaucracy. In order to explore these issues the article proceeds in four parts. After providing a definition of political culture and why it is an important topic of analysis, we examine the central characteristics of the political culture held by state elites in the Economic Community of West African States (ECOWAS) region. The section ‘The Nigerian factor’ briefly discusses some of the malign effects that this culture has had upon governance and political economy issues in the regional giant, Nigeria. The final section explores whether the region's elites are living up to their own claims that they are embarking upon a serious attempt to engage in state reconstruction or are instead simply searching for alternative ways to sell their more traditional concern with regime protection. We conclude that, without a fundamental recasting of the political culture guiding the region's elites, a security culture that prioritises democracy and human security is unlikely to emerge within ECOWAS.     

Civil society participation in regional integration in Africa: A comparative analysis of ECOWAS,SADC, and the EAC

There is an undeniable trend towards civil society participation in virtually all issue-areas of global governance, yet civil society participation varies widely among international organisation (IOs). While this trend has inspired a voluminous academic literature, empirically-based, comparative studies of IO-civil society interaction in Africa remain largely absent. This article therefore examines civil society participation in three African subregional organisations – the East African Community (EAC), the Economic Community of West African States (ECOWAS), and the Southern African Development Community (SADC). What are the factors that have made regional integration in ECOWAS relatively more people-driven, and that have thus far hindered effective civil society participation in the affairs of SADC and the EAC? Support from member states, allies in the respective organisation’s bureaucracy, and characteristics of civil society itself, the research shows, affect participation in regional integration, with the latter aspect apparently more salient in SADC and the EAC than in ECOWAS.     

ECOWAS protagonists for peace: An internal perspective on policy and community actors in peacemaking interventions

ABSTRACT

Despite an increasing academic interest, ECOWAS peacemaking interventions have largely been approached from a top-down perspective. This tends to highlight the roles played by high-level mediators who use ECOWAS and its instruments as the basis for their interventions. Deeper analyses of the undercurrent intra-ECOWAS processes and the role played by community actors, in particular the ECOWAS Commission and its cooperation with civil society organisations, are rare. Yet it is both the high-level policy and the community actors that constitute the protagonists of ECOWAS peacemaking. This article examines the roles of both protagonists in the planning and conduct of ECOWAS peacemaking. Based on secondary sources and insider accounts, it argues that, although policy actors have so far been dominant, community actors play a complementary role, which often goes unnoticed. This is illustrated with empirical examples of ECOWAS peacemaking interventions from the Liberian war in 1990 to the recent case of the Gambia.     

Scrutinising European Union legislation in light of subsidiarity: the Maltese Parliament

ABSTRACT

One of the main objectives of the Lisbon Treaty was to increase the democratic legitimacy of the European Union (EU). Member state parliaments were, therefore, equipped with new tools for monitoring compliance of EU draft laws with the principle of subsidiarity. The aim of this article is to shed some light on the unicameral Maltese Parliament’s ex ante subsidiarity scrutiny of European legislation. Based on the island’s historical and cultural background, the Kamra tad-Deputati confers great importance to the application of subsidiarity, although it is still in its learning curve over the rapid and effective implementation of such procedures.     

Green economy readiness in South Africa: A focus on the national sphere of government

Abstract

The role of good governance underpinned by human rights, sound ethical principles and values has been identified as an appropriate pillar necessary for to improve the living conditions of the citizens in the current information age and knowledge economies. This article argues that to get the right people to practise good governance requires periodic democratic elections. The article contends that credible and legitimate electoral results are the necessary, if not sufficient conditions for good governance and attendant development. Effectively, the two are mutually inclusive and not exclusive. It concludes that history attests that their coexistence has in the main yielded success and development wherever they jointly obtain.     

The security culture of the ECOWAS: origins,development and the challenge of child trafficking

This article explores the relationship between the security culture of the Economic Community of West African States (ECOWAS) and how it has responded to transnational challenges in West Africa. To do so, it provides an overview of how the ideas, norms and principles that constitute the embryonic security culture of ECOWAS have evolved historically. Against this backdrop the article focuses on how the regional organisation has dealt with a specific contemporary security challenge: child trafficking. The concluding part of the article seeks to explain ECOWAS's collective action on child trafficking with reference to the region's different threat perceptions and security priorities. This article argues that although the decisions and policies of ECOWAS on child trafficking are influenced by certain shared ideas, norms and principles, a breakdown of collective political will and continuing differences on the key security referents and appropriate approaches to the security of individuals have led ECOWAS member states to fail in effectively addressing this particular transnational security challenge.     

The political economy of subsidiarity in labour market reforms: the United Kingdom and Italy in times of crises

ABSTRACT

This article seeks to contribute to the literature centred on the principle of subsidiarity by highlighting the way in which political actors apply different dimensions of subsidiarity, horizontal versus vertical, in the field of labour market policy. It compares labour market reforms in Britain and Italy in the wake of international economic crises, shedding light on the role of subsidiarity dimensions. It shows that Britain applied the principle of horizontal subsidiarity in quasi-market mechanisms while Italy chiefly resorted to the vertical dimension that helped shifting labour market policies from income replacement to welfare-to-work. Additionally, the article explores how the principle of subsidiarity may affect the relationships between the European Union on one side and Britain and Italy on the other in the field of labour market policies.     

Nigeria's foreign policy and transnational security challenges in West Africa

This article explores how Nigeria's foreign policy has responded to transnational security challenges in West Africa. It engages in a conceptual overview of the discourse on transnational security and links this with a discussion of Nigeria's foreign policy towards West Africa. Of note is Nigeria's pursuit of a leadership role in the Economic Community of West African States (ECOWAS), in its quest for security, economic integration and development. Several questions are posed: What do Nigerian policymakers consider to be the most significant transnational threats in West Africa? How and through what legitimate policies and instruments do they respond to such threats? How important is ECOWAS to Nigeria's attempt to respond to transnational threats? And how effective have Nigeria's attempts to influence the ECOWAS agenda in this regard been? Although ECOWAS has remained central to Nigeria's responses to transnational security threats in the subregion, the country has not been able to match its rhetoric on addressing transnational security threats with far-reaching concrete achievements. It is suggested that social transformation of Nigeria's current foreign policy (that is, to one focused and committed to putting people at its centre) and a change in the policies of dominant global powers towards West Africa would enhance human emancipation and eliminate the numerous insecurities confronting the peoples of the subregion.     

Security culture,transnational challenges and the Economic Community of West African States

This special issue explores how one particular regional organisation, the Economic Community of West African States (ECOWAS), has defined certain transnational issues as security threats and how it has addressed them. In this introductory article, we begin by providing an overview and analysis of some of the most important transnational security challenges facing West Africa. Specifically, we discuss some of the problems raised by cross-border insurgencies, health challenges, organised criminal activities, terrorism and environmental degradation. We then examine the different levels at which actors have responded to these challenges. The section ‘Security culture: shaping the Economic Community of West African States (ECOWAS) response?’ sets out our approach to thinking about the concept of security culture and asks whether it might be relevant to understanding how and why ECOWAS has focused on responding to certain transnational security challenges and not to others. The final section provides an overview of the other articles in this issue.     

Introduction: two spaces of subsidiarity?

ABSTRACT

Scholarship on subsidiarity conducted since the nineteenth century has developed two strands of interpretation suggesting competing models of social organisation as far as the potential location of decision-making power is concerned. While this intellectual effort has mainly concentrated on political experiences in continental Europe, and gained further traction with the principle’s recognition in European Union law, the institutional architecture of Commonwealth countries has experienced relative neglect. This collection, however, examines the debates around competing ordering principles with evidence coming from operational problems of Westminster style democracies in four world regions, and considers how a multi-disciplinary perspective can guide comparative analysis.     

Conclusions: security culture and transnational challenges – ECOWAS in comparative perspective

Drawing upon the various contributions to this special issue, this concluding article reflects upon the ways in which a shared security culture has influenced how the Economic Community of West African States (ECOWAS) has responded to transnational challenges. It then attempts to contextualise the ECOWAS approach by providing a brief comparative analysis of how other regional arrangements in Africa and Asia have addressed transnational challenges.     

From ‘voluntary’ to a ‘binding’ process: towards the securitisation of small arms

This article analyses the issue of small arms and light weapons (SALW) proliferation in both Ghana and the Economic Community of West African States (ECOWAS). Specifically, it assesses the extent to which both Ghana and ECOWAS have ‘securitised’ this particular issue through an initial ‘voluntary’ instrument first in 1998 and extended in 2001 until the signing in June 2006 of a legally and politically binding ECOWAS Convention on Small Arms and Light Weapons, their Ammunition and Other Related Materials. To do so, the article begins by setting out the scope and a brief history of the SALW problem in West Africa. It then focuses specifically on Ghana in order to illustrate some the challenges and dilemmas in dealing with this threat. The following section deals with ECOWAS and the challenges of SALW. It analyses and traces the discourses and processes of transforming the availability of SALW into a ‘security problem’ by providing some of the official language used to discuss this issue. Subsequently, an examination is undertaken of Ghana and the challenge of SALW as an illustrative case, especially given the extent of indigenous manufacture. Such recognition of the dangers of SALW proliferation has resulted in a raft of legislation criminalising both the manufacture and possession of small arms but with minimal impact. The article explains the resilience of SALW manufacture and trafficking through a social capital approach. In the concluding section, it explores the differing perceptions of SALW and security and points to the apparent schism between state and community perceptions of the level of threat posed by SALW.     

Tribal or Indigenous? The Indian Dilemma

Abstract

Current Maoist struggles, resulting from deprivation of livelihood in the Central Indian tribal belt and for autonomy in Northeast India, focus on the rights of tribes who claim to be indigenous In the Northeast the demand is to be considered the ‘original’ inhabitants of the region and, in the rest of India, it is the first inhabitants of India as a whole. Most conflicts today are around identity, central to which is indigenous status and tribal sustenance. Much resource has been alienated for ‘national development’ since independence in 1947. A national failure to recognise the importance of community-based sustenance facilitates its alienation. Intensified alienation, resulting from globalisation, causes more conflicts and greater state suppression. This article discusses the link between development and indigenous status, and implications for human rights.     

Procedure over substance? CETA and the political economy of subsidiarity

ABSTRACT

Competing notions of subsidiarity can help to understand the intricacies of new types of trade deals as concluded between Canada and the European Union. From this perspective the Comprehensive Economic and Trade Agreement (CETA) balances two fundamentally different models of economic distribution and decision making authority either giving priority to private actors and their domestic communities or to political institutions aiming for a social embedding within global markets. Examining CETA as an unusual compromise in international regulatory cooperation, this article focuses on the settlement of highly contentious issues through complex procedural innovation. While this eventually made a final agreement between trading partners with two different polities possible, it could not settle widely diverging assessments about the long-term economic effects of the new deal. As a consequence, and to build bridges between distinct spaces of subsidiarity, the final agreement represents a flexible and open-ended approach to future trade relations.     

Who Governs and How? Non-State Actors and Transnational Governance in Southeast Asia

ABSTRACT

This special issue focuses on transnational governance, essentially cross-border networked forms of co-ordination in which non-state, or private, actors play important or leading roles in providing standards, rules and practices that other actors voluntarily abide by. While not denying the pre-eminent role of the state in governance, we nonetheless believe there is an under-estimation of transnational governance in Southeast Asia and the varied governance role played by non-state actors that go beyond that of simply acting as pressure or advisory groups lobbying or advising states and regional organisations. We provide five different case studies that explore in detail the varied governance roles played by non-state actors using the common analytical framework set out in this introduction. The case studies reveal interesting variations in the architecture of transnational governance, why they emerge, the modes of social co-ordination through which they work to shape actor behaviour and achieve impact, their normative implications, and how these governance schemes intersect with the state and national regulatory frameworks. This special issue, thus, highlights the variegated architecture of governance in this region in which non-state actors play substantial governance roles regulating the conduct of other actors.     

‘We have chased Blaise,so nobody can resist us’: Civil society and the politics of ECOWAS intervention in Burkina Faso

ABSTRACT

This article analyses the limits of ECOWAS’ top-down approach to mediation, based on a case study from Burkina Faso in 2014 and 2015. It shows the growing importance of ordinary citizens in the regulation of political arenas, both at the domestic and the regional level, as well as citizens’ impact on ECOWAS mediation in Burkina Faso. It thereby argues that mediation in ‘revolutionary’ situations is hardly feasible. In Burkina Faso, the 2014 popular uprising created a new kind of citizenry who felt ‘sovereign’ and expressed its grievances through mass mobilisations. In such political contexts, regional mediation, which aims at re-establishing stability and power-sharing agreements, becomes problematic because it contradicts the spirit ‘from the streets’. Moreover, the top-down approach also erodes the legitimacy of the mediators, who are perceived to work against ‘the people’s will’. The reflection draws attention to the tensions between international mediators and actors from below and highlights the need to craft new strategies for conducting mediation in the context of popular uprisings.     

African Indigenous Knowledge Systems and Human Rights: Implications for Higher Education,Based on the South African Experience

ABSTRACT

Africa has rich traditions and knowledge systems founded on the principles of caring for one another and the spirit of mutual support embedded in the African philosophy of Ubuntu. These collective values tend to be marginalised in international human rights standards built on western values. The standards were developed without broad-based consultation of the different value systems in Africa. Therefore, in order to inspire sustainable implementation among diverse cultures, dialogue to develop universal human rights and obligations based on the diversity of cultures and ways of knowing is needed. Using South Africa's experience at two universities, the extent to which these institutions have attempted to incorporate African indigenous knowledge systems (AIKS) and human rights into the higher education curriculum is investigated. The implications for higher education and the human rights and development paradigms built on western knowledge systems are investigated. North-West University has been the pioneer of integrating AIKS into higher education in South Africa and is the only higher education institution in South Africa with an accredited IKS Teaching Programme at both undergraduate and postgraduate levels – which has been notably successful, albeit with some challenges. AIKS has also been integrated into research and teaching at the University of KwaZulu-Natal and has registered significant successes since 2012. The need to embed AIKS in the curriculum of higher education institutions is affirmed.