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31. Institutional Failure: A Challenge to Good Governance in Pakistan

Author:
Marium Kamal and Sarfraz Batool
Publication Date:
01-2020
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
Good governance is a desirable process as well as end-result of participatory democracy. For the last three decades „good governance‟ is more frequently used in the studies of political science because it is considered that good governance is a key indicat to judge the conducting of public institutions (that how efficiently and effectively they manage public recourses and administer public affairs). The existing literature on this subject matter identifies that good governance leads to sustainable development. According to international financial institution e.g. World Bank, lack of good governance in the third world countries is the main cause of their underdevelopment. Pakistan (one of third world countries) is a federation with diversified ethno-linguistic identities and since its emergence as an independent state; it has been facing the governance related issues seriously. This conceptual and analytical study aims to explain that how the failure and dysfunctionality of public institutions itself disrupt the process of good governance in Pakistan.
Topic:
Development, Governance, Democracy, Institutions, and State Building
Political Geography:
Pakistan and Middle East

32. Gone Without a Trace: Syria’s Detained, Abducted, and Forcibly Disappeared

Author:
Hanny Megally and Elena Naughton
Publication Date:
05-2020
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
In most cases, to be imprisoned in Syria is to disappear. Tens of thousands of people, if not more, have been unlawfully taken prisoner or held incommunicado in the context of the Syrian conflict. This policy paper examines the dark reality of detentions in Syria, its impact on those who are detained and their families, and recommends a set of urgent steps that should be taken to assist families in obtaining information about the whereabouts of their loved ones, gaining access to them, and achieving their prompt release. While most parties to the Syrian conflict are complicit in carrying out arbitrary and incommunicado detentions, including both state and non-state actors, the vast majority of detention-related violations since 2011 have been carried out by the Syrian state. The policy paper – a joint project of ICTJ and the Center on International Cooperation (CIC) at New York University – draws from a variety of sources, including the authoring organizations’ longstanding work on Syria and engagement with Syrian victims, as well as inputs from interviews and an expert roundtable in The Hague, Netherlands, in October 2019. The paper looks in depth at the main government security agencies responsible for arrests and detentions in Syria and shows how the regime weaponizes the law to criminalize political activity, to maintain absolute control over the Syrian population, and to justify arrests and detentions of peaceful demonstrators, political opponents, and human rights activists, all behind a facade of legality. It shows how, at every level, the system works in contravention of fundamental principles of human rights law designed to protect individuals from unlawful and arbitrary deprivation of liberty, including rights guaranteed in the international declarations and conventions to which Syria is a party. The paper provides additional information about nonstate actors who over the course of the conflict are known to have abducted and detained not only opposing armed forces, including Syrian army, but many civilians. From there, the paper goes on to examine the harsh realities facing families of those who have been detained, abducted, and forcibly disappeared in Syria and what must be done to begin addressing the rights of these victims, which have been so seriously violated. It looks at four primary areas of action that must be considered urgent for Syrians: (1) official acknowledgment of detentions and the disclosure of information about the whereabouts and fate of the forcibly disappeared and abducted; (2) detainee releases; (3) access to detention facilities by monitoring groups; and (4) addressing the consequences of enforced disappearance on families. The paper concludes with comprehensive recommendations for what can and should be done, now and in the future by the Syrian regime and other parties to the conflict, as well as the international community. On an urgent basis, it recommends among other things the immediate release of all those arbitrarily detained as well as vulnerable prisoners such as the sick, women, the elderly, children, and the disabled; unimpeded access by the International Committee of the Red Cross to all places of detention; and the sharing of lists specifying the status and location of detainees held by the Syrian government and other nonstate actors. In the long-term, it proposes creating among other things an independent mechanism for reviewing the remaining cases of detention, safe centers where families can request information about the fate of their loved ones, and rehabilitation programs where released individuals can access psychosocial and other vital services. These and other critical steps are a matter of extreme urgency, as the paper makes plain, if there is to be any possibility of lasting peace in Syria.
Topic:
Reform, Youth, Criminal Justice, Memory, Institutions, Justice, Engagement, Gender, and Truth and Reconciliation
Political Geography:
Middle East and Syria

33. The Social Contract: An Analytical Tool for Countries in the Middle East and North Africa (MENA) and Beyond

Author:
Markus Loewe, Bernhard Trautner, and Tina Zintl
Publication Date:
01-2019
Content Type:
Policy Brief
Institution:
German Institute of Development and Sustainability (IDOS)
Abstract:
The social contract is a key concept in social science literature focusing on state–society relations. It refers to the “entirety of explicit or implicit agreements between all relevant societal groups and the sovereign (i.e. the government or any other actor in power), defining their rights and obligations towards each other” (Loewe & Zintl, forthcoming). The analysis of social contracts helps the understanding of: (i) why some societal groups are socially, politically or economically better off than others, (ii) why some revolt and demand a new social contract and, thus, (iii) why a country descends into violent conflict. In addition, the concept shows how foreign interventions and international co-operation may affect state–society relations by strengthening the position of the state or of specific societal groups. It illustrates that state fragility, displacement and migration can arise from social contracts becoming less inclusive. Nevertheless, the term “social contract” has so far been neither well defined nor operationalised – to the detriment of both research and of bi- and multilateral co-operation. Such a structured analytical approach to state–society relations is badly needed both in research and in politics, in particular but not exclusively for the analysis of MENA countries. This briefing paper sets the frame, suggesting a close analysis of (i) the scope of social contracts, (ii) their substance and (iii) their temporal dimension. After independence, MENA governments established a specific kind of social contract with citizens, mainly based on the redistribution of rents from natural resources, development aid and other forms of transfers. They provided subsidised food and energy, free public education and government jobs to citizens in compensation for the tacit recognition of political regimes’ legitimacy despite a lack of political participation. But with growing populations and declining state revenues, some governments lost their ability to fulfil their duties and focused spending on strategically important social groups, increasingly tying resource provision to political acquiescence. The uprisings that took place in many Arab countries in 2011 can be seen as an expression of deep dissatisfaction with social contracts that no longer provided either political participation or substantial social benefits (at least for large parts of the population). After the uprisings, MENA countries developed in different directions. While Tunisia is a fair way towards more inclusive development and political participation, Morocco and Jordan are trying to restore some parts of the former social contract, providing for paternalistic distribution without substantial participation. In Egypt’s emerging social contract, the government promises little more than individual and collective security, and that only under the condition of full political acquiescence. Libya, Yemen and Syria have fallen into civil wars with no countrywide new contract in sight, and Iraq has been struggling for one since 2003. In addition, flight and migration also affect the social contracts of neighbouring countries such as Jordan, Turkey, and Lebanon. All MENA countries are designing, or will need to design, new social contracts in order to reduce the current instability and enable physical reconstruction. This briefing paper informs on the status of conceptual considerations of social contract renegotiation in MENA countries and its meaning for international co-operation with them.
Topic:
Government, Governance, Legitimacy, Institutions, Services, and Social Contract
Political Geography:
Middle East and North Africa

34. Policies and Politics of Migration towards the European Elections

Author:
Maria Saide Liperi and Asli Selin Okyay
Publication Date:
12-2018
Content Type:
Special Report
Institution:
Istituto Affari Internazionali
Abstract:
On 6 December 2018, Friedrich-Ebert-Stiftung Rome (FES) and Istituto Affari Internazionali (IAI) co-organized the conference “External Borders and Internal Divisions of Europe: Policies and Politics of Migration” to foster debate on European migration and asylum governance by approaching it both as a policy issue and a political question. While the scale of migratory flows is no longer the main problem, countries at the Southern external borders continue facing different policy challenges. The lack of political will and continuing tensions among the member states stand out as the main obstacles blocking substantial policy reform at the European level. This context also provides fertile ground for further polarization of the political debate between the two extreme positions of open versus closed borders, highlighting the need for more balanced and neutral narratives on migration in the run up to the European elections. Report of the conference “External Borders and Internal Division of Europe: Policies and Politics of Migration”, organized in Rome on 6 December 2018 by Friedrich-Ebert-Stiftung (FES) Rome and Istituto Affari Internazionali (IAI).
Topic:
Migration, Politics, Refugees, Borders, and Institutions
Political Geography:
Europe, Middle East, Greece, Balkans, Spain, Italy, Mediterranean, and European Union

35. Challenges for Yemen’s Local Governance amid Conflict

Author:
Wadhah al-Awlaqi, Maged al-Madhaji, and Anthony Biswell
Publication Date:
07-2018
Content Type:
Policy Brief
Institution:
Sana'a Center For Strategic Studies
Abstract:
Local councils are among Yemen’s most important state institutions. Responsible for providing basic public services to millions of Yemenis, local councils represent official governance and the Yemeni state for much of the population. The intensification of the conflict between the internationally recognized government, its regional backers and the Houthi group since March 2015, however, has heavily impacted funding and security for local councils, undermining their ability to provide services effectively in most areas of the country. In many areas, this absence of effective official governance has created fertile ground for non-state actors to exert their influence. In the areas under Houthi control, Houthi supporters closely monitor local council activity. In the southern coastal city of Aden, local councils are caught among competing armed militias that form part of a broader power struggle between southern secessionists and the internationally recognized Yemeni government. Despite the challenges they face, local councils remain important instruments for coordinating humanitarian relief efforts and local-level conflict mediation. In the absence of central state authority, a number of effective local, self-governance models have emerged, notably in Marib and Hadramawt governorates. At some stage a new system of governance will need to be drawn up to reflect the new realities on the ground; these models may indicate a way forward. Local councils are among the best-equipped and best-established institutions to support a shift away from the previous centralized model. The currently reduced capacity of local councils is cause for much concern as the conflict rages on and Yemen’s economic and humanitarian crises deepen. Irrespective of how the conflict progresses, it is imperative that local, regional and international actors seek not merely to keep local governance structures from collapse but to enhance the capacities of local councils in post-conflict scenarios.
Topic:
Governance, Conflict, Institutions, Houthis, and Local Councils
Political Geography:
Middle East and Yemen

36. Comparative Continuismo: Presidential Term Limit Contravention Across Developing Democracies

Author:
Kristin McKie
Publication Date:
12-2017
Content Type:
Working Paper
Institution:
Kellogg Institute for International Studies
Abstract:
Since presidential term limits were (re)adopted into many constitutions during the third wave of democratization, 207 presidents across Latin America, Africa, the Middle East, and Asia have reached the end of their terms in office. Of these, 30% have attempted to contravene term limits whereas 70% have stepped down in compliance with tenure rules. Furthermore, of the presidents who have attempted to alter tenure restrictions, some have succeeded in fully abolishing term limits, others have only managed a one-term extension, while a minority have failed in their bids to secure any additional terms in office. What explains these divergent trajectories? On the basis of a series of statistical analyses, I argue that trends in electoral competition over time are the best predictor of the range of term limit contravention outcomes across the board, with the least competitive elections permitting full term limit abolition and the most competitive elections saving off attempts at altering executive tenure rules. Furthermore, results show that failed contravention attempts are true borderline cases, rather than instances gross miscalculations of success by the president and her party, in that they feature less competitive elections than non-attempt cases but more competitive elections than successful contravention cases. These findings suggest a linkage between political uncertainty and constitutional stability more generally.
Topic:
Democratization, Democracy, Institutions, and Political Parties
Political Geography:
Africa, Middle East, Asia, and Latin America

37. Prospects of cooperation on restoring stability and institutional reform in Syria

Author:
The Geneva Centre for Security Policy and Omran for Strategic Studies
Publication Date:
12-2017
Content Type:
Special Report
Institution:
The Geneva Centre for Security Policy
Abstract:
Report on the workshop: “Prospects of cooperation on restoring stability and institutional reform in Syria” Geneva, 21-22 September 2017.
Topic:
Reform, Counter-terrorism, Conflict, Syrian War, Institutions, and Transition
Political Geography:
Russia, Ukraine, Middle East, Eastern Europe, and Syria

38. Justice Mosaics: How Context Shapes Transitional Justice in Fractured Societies - Report

Author:
Roger Duthie
Publication Date:
05-2017
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
The contexts in which societies attempt to address legacies of massive human rights violations—by confronting impunity, seeking effective redress, and preventing recurrence—are integral to the concept of transitional justice. Such contexts can vary widely: they can include ongoing conflicts, post-authoritarian transitions, post-conflict transitions, and post-transitional periods. They can also differ in terms of institutional and political fragility as well as levels of economic and social development. Broad policy objectives in such contexts can range from rule-of-law promotion to conflict resolution, peacebuilding, vindication and protection of human rights, democratization, development, and social change. As the term suggests, however, the contexts in which societies undertake transitional justice processes are usually to some degree transitional. This is important because transitions create opportunities for addressing past injustice, while at the same time they retain continuities with the past that pose constraints or obstacles for doing so. The fact that context varies is important because the broader context affects the objectives of transitional justice efforts as well as the processes through which they develop, which in turn affect the specific responses that are most appropriate and feasible in each setting. Here processes refer to the different ways in which ideas and movements develop, promote, and coalesce in demands for accountability, acknowledgment, and reform in the aftermath of massive human rights violations.
Topic:
Reform, Criminal Justice, Institutions, Justice, Reparations, Gender, Truth and Reconciliation, and Youth Engagement
Political Geography:
Africa, Europe, Middle East, Asia, South America, and North Africa

39. Failing to Deal with the Past: What Cost to Lebanon?

Author:
The International Center for Transitional Justice (ICTJ)
Publication Date:
01-2014
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This report examines the situation of impunity in Lebanon that has persisted since the 1975-1990 war through the lenses of core elements of transitional justice. It analyzes Lebanon’s past experience of ineffective transitional justice measures -- including limited domestic trials, narrowly mandated commissions of inquiry, and incomplete remedies for victims -- and their impact on Lebanese society. The report derives lessons that could help to initiate a broader accountability process in Lebanon in the interest of long-term peace and security.
Topic:
Reform, Transitional Justice, Criminal Justice, Institutions, and Truth and Reconciliation
Political Geography:
Middle East and Lebanon

40. A Bitter Legacy: Lessons of De-Baathification in Iraq

Author:
Miranda Sissons and Abdulrazzaq Al-Saiedi
Publication Date:
03-2013
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Based on significant field research and interviews with the Higher National de-Baathification Commission, this report focuses on Iraq’s purge of members of Saddam Hussein’s Baath Party, which is the most well-known example of large-scale and politically based dismissals in the Middle East and North Africa. The report summarizes the structure and impact of de-Baathification from 2003 to 2011. It gives unique insight into de-Baathification’s goals, framework, impact, and problems. It includes a focused look at de-Baathification in Iraq’s Ministry of Finance from 2003 to 2006 and summarizes seven key lessons for policy makers in other countries.
Topic:
Reform, Transitional Justice, Institutions, Baath Party, and De-Baathification
Political Geography:
Iraq and Middle East