democracy and good governance based on the observation of human rights

1. Successful democratic governance must inevitably focus on the promotion and protection of
human rights and fundamental freedoms. For without this protection there can be no
democracy in any meaningful sense. The view that democracy and good governance is
based on the observation of human rights can be justified on the grounds that there is a
wide agreement that democracy, good governance and human rights are intimately linked
and that are both mutually supportive and mutually dependent, this means that there
cannot be democracy and good governance without human rights and can be protected
effectively only in a democratic state and where there is violation of human rights there is
also often a lack of democracy and good governance. However, there are also other factors
to consider for democracy and good governance besides the observation of human rights.
These factors include the transparency of the government, the effectiveness and efficiency
of the governance, separation of power, implementation of strategic reforms and
accountability of the government though to a lesser extent.
To start with, democracy is the full participation of citizens in political, economic, social and
cultural decision making through appropriate laws, policy and institutions in a way which
promotes equality. Good governance addresses the allocation and management of
resources to respond to collective problems; it is characterised by participation,
transparency, accountability, rule of law, effectiveness and equity. Human rights are
fundamental rights that humans have by have the fact of being human, and that they are
neither created nor can be abrogated by any government, these include cultural, economic,
and political rights, such as right to life, liberty and equality before the law (UNDP,1997).
This shows that human rights, democracy and good governance are intertwined.
The view that democracy and good governance is based on the observation of human rights
can be justified. This is evidenced by the fact that successful good governance it must
inevitably focus on the promotion and protection of human rights and fundamental
freedoms, without this protection there can be no democracy in any meaningful sense.
These rights include the right of full participation of citizens in decision making processes.
The participation of citizens in the constitution making process helps to ensure that the final
constitution reflects essential pillars of democracy, such as guaranteeing that legitimacy of
the state is created and sustained by the will of people, and by ensuring such a process to
occur also helps to guarantee that existing or potential grievances and conflicts can be

2. resolved peacefully and in a timely manner. For instance, in 2013 there was a full
participation of Zimbabwean citizens in the constitution making process, thus showing good
governance and democracy. Therefore, it can be concluded that democracy and good
governance is based on the observation of human rights.
More to the above, democracy and good governance is based on the observation of human
rights, the protection of all human rights and fundamental freedoms, strengthening the rule
of law, an electoral system that provides for the free and fair expression of the people’s will,
a legal framework that enables wide participation of civil society. By so doing this shows
that the authority of the government derives from the will of the people and may be
exercised only in accordance with that will and it is the responsibility of the people not the
government to determine what constitutes the public good. Therefore, human rights
principles provide a set of values to guide the work of the governments and other political
and social actors (Brian Atwood, 2013). For example in Uganda, there were consultations
with leading experts in the field, these strategic orientations and principles constitute an
enlightening set of findings for policy makers and programme managers, donors and
partners from developing country accountability institutions who work every day to
strengthen democratic governance. Hence, support the view that democracy and good
governance is based on the observation of human rights.
Moreso, there is a widely agreement that democracy, good governance and human rights
are intimately linked and that both are mutually supportive and mutually dependent. This
means that there cannot be a democracy without human rights and human rights cannot be
properly implemented in a poor governance environment. For example in Libya during the
reign of Muammar Gaddafi, there was violation of human rights, This includes massive
arrests and torture of people, and some forced disappearances for talking to journalists or
going to demonstrations, the shooting of civilians and killing unarmed civilians would qualify
as a crime against humanity (Wilson, 2011). Due to the violation of human rights by Gaddafi
led to the coming in of NATO to protect the civilians, restoring democracy and good
governance and he was killed for that. Upholding this analysis, one can conclude that
democracy and good governance is based on the observation of human rights.

3. To further up the discussion, it can also be justified that democracy and good governance is
based on the observation of human rights basing on the ground that, the greatest
protection of human rights emanates from a sustainable democratic framework grounded in
the rule of law. This means that a democratic country should be ruled in accordance to the
constitution of the country and no one should be above the law, thus all are free and equal
within the law (Boutros-Ghali, 1996). This means that if the court of law says the sentences
for rape is ten years in prison it means that it should be ten years for everyone regardless of
the fact that the person is related to the government officials. For example in Zimbabwe,
the sentence for rape cases was made to be ten years in prison, thereby showing good
governance and democracy. Therefore, the view that democracy and good governance is
based on the observation of human rights is valid to a greater extent.
However, the second and largest pillar of good governance and democracy assistance aims
at reforming the state and strengthening governing institutions. It is based on the principle
of the separation and balance of powers and the assumption that a major obstacle to
democratic consolidation is an overly strong executive backed by a predominant party in
parliament and an omnipresent government majority. Therefore, it targets all governing
institutions and focuses on public sector management, judicial reform, legislative
strengthening, and oversight state agencies such as ombudspersons and audit bureaux and
anti-corruption bodies. It includes constitutional engineering, parliamentary assistance,
judicial reform and local government strengthening as well as civilian policy training.
Furthermore, a particular thrust in the current efforts at reforming and modernising the
state centres on the devolution of power to lower levels of government. The
decentralisation of power and strengthening of countervailing powers is designed to
prevent the abuse of power (Santiso, 2002). For example, Libya during the time of
Muammar Gaddafi was highly decentralized and divided into several small communities that
were essentially mini-autonomous States within a State. These autonomous States had
control over their districts and could make a range of decisions including how to allocate oil
revenue and budgetary funds. Hence, one can conclude that democracy and good
governance can also be based on decentralization of power other than the observation of
human rights.

4. Moreover, besides the observation of human rights, democracy and good governance can
also be based on the implementation of strategic reforms. This means good governance
system puts further requirements on the process of decision-making and public policy
formulation. It extends beyond the capacity of public sector management to the rules and
institutions that create a legitimate, effective and efficient framework for the formulation
and conduct of public policy and implies managing public affairs. For example, for over four
decades, Gaddafi promoted economic democracy and used the nationalized oil wealth to
sustain progressive social welfare programs for all Libyans. Under Gaddafi’s rule, Libyans
enjoyed not only free health-care and free education, but also free electricity and interest-
free loans (Weiss, 2011). This shows democracy and good governance. Thus implementation
of strategic reforms can lead to good governance and democracy.
Furthermore, effectiveness and efficiency of the government can also lead to democracy
and good governance. This implies that the effectiveness and legitimacy of judicial
institutions influence both the credibility of the political system and the efficiency of the
economic system. Economic development and political liberalisation are dependent on the
effectiveness of the judiciary. For instance, the stability and predictability of private law and
enforcing contracts are fundamental for economic development, and fight against
corruption, for example the Chinese government have effectively managed to reduce the
rate of corruption by imposing a death sentence to everyone who has accused of bribery,
thereby bringing democracy and good governance.
In addition to the above, democracy and good governance can also be based on the
accountability of the government rather than the observation of human rights. This implies
the government should be accountable of resources of the public so as to reduce corruption
since in this manner; corruption undermines the government’s ability to deliver an array of
services, including health, education and welfare services, which are essential for the
realization of economic, social and cultural right. Corruption can weaken democratic
institutions both in new and in long established democracies. Corrupt public officials fail to
keep the interests of society in mind when taking decision, leading to a loss of public
support for democratic institutions. For example, in the early 1990s, Botswana was hit by a
series of corruption scandals involving cabinet ministers and top civil servants, but later
government embarked on the setting up anti-corruption commissions (Botswana) and

5. become one of the African countries which have democratic and good governance (Charles
Manga Fombad, 1999).
To sum up the discussion, one can conclude that democracy and good governance is based
on the observation of human rights to a greater extent basing the argument on the sense
that there is a wide agreement that democracy, good governance and human rights are
intimately linked and that are both mutually supportive and mutually dependent, this
means that there cannot be democracy and good governance without human rights and
can be protected effectively only in a democratic state and where there is violation of
human rights there is also often a lack of democracy and good governance. However, to a
lesser extent there are also other factors to consider for democracy and good governance
besides the observation of human rights. These factors include the transparency of the
government, the effectiveness and efficiency of the governance, separation of power,
implementation of strategic reforms and accountability of the government.

6. REFERENCES:
Atwood, B., 2013, Accountability and democratic governance: Orientation and Principles for
Development.
Boutros-Ghali, B., An Agenda for Democratization. New York : United Nations, 1996
Charles, M., F., ‘’Curbing corruption in Africa: Some lessons from Botswana’s experience’’,
International Social Sciences Journal, vol. 51, No. 160, June 1999.
Wilson, C., 2011, Strong proof of Libya crimes against humanity: ICC
Santiso, C., 2002, Education for democratic Governance: Review of Learning Programmes.
UNDP, Governance for Sustainable Human Development, a UNDP Policy Document, January
1997, Chapter 1.
Weiss, T., 2011, ‘ Governance, good governance and global governance: Conceptual and
Actual Challenges’, Third World Quarterly, Vol 21.

7. GREAT ZIMBABWE UNIVERSITY
FACULTY OF ARTS
BACHELOR OF ARTS HONOURS DEGREE [ DEVELOPMENT STUDIES]
NAME: WILBERT
SURNAME: NYANDORO
REG: M150122
COURSE TITLE: DEMOCRACY AND HUMAN
RIGHTS IN AFRICA
COURSE CODE: HDVS106
QUESTION: DEMOCRACY AND GOOD GOVERNANCE IS
BASED ON THE OBSERVATION OF HUMAN RIGHTS. DISCUSS
LECTURE: MR. MAKANYIRA
LECTURER’S COMMENTS: ........................................