Search

Begin New Search Topic Accountability

221. Prosecuting International and Other Serious Crimes in Kenya

Author:
The International Center for Transitional Justice (ICTJ)
Publication Date:
04-2013
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This briefing paper focuses on the topic of prosecuting international and other serious crimes in Kenya, including crimes committed in the context of the postelection crisis of late 2007 and early 2008. In particular, it identifies and analyzes obstacles and opportunities for such prosecutions within current legal and institutional frameworks.
Topic:
Elections, Criminal Justice, Accountability, and International Crime
Political Geography:
Kenya and Africa

222. Beyond Relief: Addressing the Rights and Needs of Nepal’s Wives of the Disappeared

Author:
The International Center for Transitional Justice (ICTJ)
Publication Date:
08-2013
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Based on the findings of over 450 interviews, this briefing paper looks at the socioeconomic impact of enforced disappearances on the wives of the disappeared in Nepal. More than 1,000 people remain unaccounted for after Nepal’s 10-year conflict ended in 2006. The majority were young men with wives and children. The paper highlights the precarious economic situation that results from the loss of a husband who is usually the family’s sole breadwinner. It also examines Nepali laws that compound financial hardships and the social stigmatization that leaves many women vulnerable to additional abuses. The paper recommends reforms to establish the legal status of victims of enforced disappearance and prioritizing land title for the wives of the disappeared to alleviate some of the ongoing consequences of these crimes.
Topic:
Accountability, Justice, Disappearance, and Gender
Political Geography:
South Asia, Asia, and Nepal

223. Disrupting the Shield of Impunity: Security Officials and Rights Violations in Turkey

Author:
Mehmet Atılgan and Serap Işık
Publication Date:
03-2012
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
This report addresses the issue of impunity, which has virtually become the norm, as far as the rights violations committed against citizens by law enforcement units in Turkey are concerned. As the authors of this study, Mehmet Atılgan and Serap Işık reveal the issue of impunity stems from a complicated penal law structure whose existence still prevails in administrative, legal and practical areas. In addition, as pointed out in the “Just Expectations: Compilation of TESEV Research Studies on the Judiciary In Turkey” report (2011), the state institutions’ protection by the judiciary in Turkey is an outcome of a certain mentality. Not only have the members of the judiciary but also many actors among the media and the civil society in Turkey demonstrate this statist mentality. Considering the multi-layered socio-political landscape of Turkey, it is not realistic to expect that the issue of impunity will be resolved in the short run or quickly. Hence, a stronger and more extensive struggle awaits the social actors who want to eliminate the issue of impunity. In Turkey, there are many dedicated lawyers and human rights organizations carrying out this struggle either through collectively organized campaigns or through individual efforts. In order to understand the structure of the struggle in this area and to produce solutions to rectify the shortcomings, TESEV Democratization Program (DP) held three meetings between November 2010 and April 2011 with a group of lawyers experienced in defending the rights of victims in lawsuits related to human rights violations committed by law enforcement units. In addition, the project team also attended the December 2010-July 2011 hearings of the court case of Temizöz and Others being administered at the Specially Empowered 6th Heavy Penal Court of Diyarbakir. Court cases that reverberated in the public domain, such as the Hrant Dink Murder, Engin Çeber and JİTEM (the Intelligence and Anti-Terrorism Unit of the Gendarmerie) cases were also addressed within the scope of this report. Of course, in terms of the issue of impunity, these court cases are nothing more than striking examples, as similar instances can be seen in the near future of Turkey. The state officials who are being tried as defendants in these lawsuits are charged with serious offences such as establishing an armed organization, committing torture in detention, unsolved murders, and enforced disappearance of persons. A significant part of these crimes are related to the extrajudicial executions known to be carried out against civilian Kurdish citizens in 1990s as part of the security policy of the state. Hence, these court cases are also of vital importance in a quest for the resolution of the Kurdish Question in a peaceful way. Additionally, these are court cases where the dissident intellectuals, revolutionist dissidents, and the asylum seekers whose rights are deprived of any guarantees under the national laws are also victimized. On the other hand, these cases are very important in terms of the civilian oversight of security institutions in Turkey, and the civilianization process which gained pace in 2000s but still seems to be at a far distance on Turkey’s horizon. The quest for justice through these lawsuits can only be successful if supported by the victims and witnesses of such cases. It is our hope that the studies carried out by TESEV DP will bring more public visibility to these court cases and encourage a wider population to seek their rights.
Topic:
Security, Human Rights, Law, Accountability, Transparency, Justice, and Judiciary
Political Geography:
Turkey, Middle East, and Mediterranean

224. Bureaucratic delay, local-level monitoring, and delivery of small infrastructure projects: Evidence from a field experiment in Bolivia

Author:
Carlos Gustavo Machicado and Monica Yanez-Pagans
Publication Date:
06-2012
Content Type:
Working Paper
Institution:
Institute for Advanced Development Studies (INESAD)
Abstract:
This paper examines bureaucratic delay within the allocation of small infrastructure projects by sub-municipal governments in Bolivia, and it presents a randomized field experiment designed to improve public service delivery by promoting voice, transparency, and accountability among grassroots organizations. The experiment consists of randomly providing sub-municipal governments with a mailing tracking system, which provides public officials and grassroots organizations realtime information about the processing of small infrastructure projects requests by sub-municipal governments. The objective of this intervention is twofold. First, is to facilitate the involvement of grassroots organizations in the process of reviewing, tracking, and monitoring small infrastructure project allocations. Second, is to explicitly alter the probability of detecting inefficient administrative practices within district councils and, therefore, to implicitly increase the expected cost of engaging in such practices among public officials. The findings of this paper suggest that monitoring tools that promote access to information by citizens might play a critical role in improving public service delivery outcomes. Yet, in settings where mechanisms of local accountability are subject to be captured by local elites or are weak, monitoring tools might have limited capacity to improve outcomes. In such settings, major transparency related reforms might be needed to improve public service delivery outcomes.
Topic:
Accountability, Transparency, Bureaucracy, and Monitoring
Political Geography:
South America and Bolivia

225. From Funder to Partner? Prospects for the European Neighbourhood Policy's Civil Society Facility

Publication Date:
10-2011
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
The Arab Spring was a timely reminder to the EU of its own transitions, in particular events post-1989, and how civil society was at the heart of all of them. The EU now intends to foster a “partnership with societies” in its eastern and southern neighborhood, in part by creating a facility to provide dedicated support to ensure civil society organizations can monitor reform and participate effectively in their own national debates. The Open Society Institute-Brussels has assessed current proposals, identified challenges, drawn lessons from experience, and identified six areas that will be integral to an effective Civil Society Facility within the Neighbourhood Policy: Funding for civil society needs to be accompanied by political support for CSOs (e.g. statements and tripartite meetings on pressing issues). In order to build capacity the principle EU actor (the EU delegation in-country) needs capacity of its own. Consultations with CSOs are useful if they are planned, regular and genuine—particularly in-country. Supporting local ownership through channeling funds to existing resources (e.g. providing existing networks with logistics and strategic funding) is more effective than putting in place new, parallel structures. Investing in structures that continue beyond the Facility implementation period (e.g. providing 3-4 year core support to develop CSO institutional capacities or putting in place offices to facilitate civil society-government links) will enable national CSO champions or standard-setters to emerge. Paying close attention to the local CSO sector, political and donor context to better meet needs and avoid supporting either less-relevant issues or government-organized organizations. An engaged and robust civil society which holds governments to account is increasingly both a mechanism and a goal of EU foreign policy. Upgrading the EU's relationship with civil society from benevolent paymaster to a strategic investor in partnerships for change will pay dividends to the societies which are transforming in its neighborhood as well as to the EU itself. For a genuine shift towards a “partnership with societies,” maximum local participation and ownership has to be matched by maximum political and practical commitment from the EU. This could be the essence of a real and mutually beneficial partnership.
Topic:
Civil Society, Regional Cooperation, Governance, European Union, Accountability, and Funding
Political Geography:
Europe

226. The Cost of Kill/Capture: Impact of the Night Raid Surge on Afghan Civilians

Publication Date:
09-2011
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
This report from the Open Society Foundations examines how the recent, dramatic increase in night raids by international forces has affected Afghan civilians and fueled even deeper hostility towards such operations. Broader targeting strategies have put more civilians in harm’s way, as have mass, indiscriminate detentions of civilians, leaving Afghans feeling increasingly caught between the two sides of the conflict. Civilian casualties, detentions, cultural offense, property destruction, and lack of accountability continue to provoke popular and political blowback that risks seriously undermining relations with the Afghan government as well as the international community's long-term security and political goals. The Cost of Kill/Capture: Impact of the Night Raid Surge on Afghan Civilians recommends that international forces: 1) cease targeting noncombatants and the indiscriminate detention of civilians; 2) employ alternative detention methods and law enforcement tactics, particularly whenever detaining non-combatants; and 3) implement reforms to improve transparency and accountability over night raids operations.
Topic:
Military Affairs, Military Intervention, War on Terror, Accountability, Civilians, and Casualties
Political Geography:
Afghanistan

227. Transparency and Accountability in the Management of Public Funds: How sensibly must African Countries Stand?

Author:
Ngozi Okonjo-Iweala
Publication Date:
03-2011
Content Type:
Working Paper
Institution:
The African Capacity Building Foundation (ACBF)
Abstract:
In managing their respective countries' economies, African Finance Ministers encounter a number of challenges. Principal among these is the challenge of adopting appropriate budget processes and mechanisms that do permit information sharing and inclusiveness. To succeed in implementing reforms, there is the absolute imperative to ensure public buy-in of government economic policies. Against a backdrop of acute resource inadequacies, effective tradeoffs and negotiations between a Finance Minister, his/her colleagues in government and the public on spending priorities in keeping with government vision is essential for economic governance.
Topic:
Governance, Accountability, Transparency, and Public Service
Political Geography:
Africa

228. Good Governance Improving Quality of Life

Author:
Fikret Toksöz
Publication Date:
06-2008
Content Type:
Book
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
The word ‘governance’ became common currency everywhere including Turkey. This concept which entered our vocabulary with 1996 İstanbul Habitat II Conference, encountered great resistance. Certain people claim it was unnecessary to create a new term such as governance where there is already a corresponding word for that concept, that is government. Etymological reasons are put forward to support these claims. Others claim that ideologically speaking, governance is the imposition of the forces of globalization. It is normal for such new terms to encounter great objections. If, on top of that, the meaning and content of the term is not clearly understood, these objections prove even more resilient. Good governance is a new approach that includes all the principles necessary for the consolidation of democratic management. These principles can be stated as participation, transparency, accountability, effectiveness, consistency, fairness and rule of law. Lately, many segments of society including public managers and intellectuals and even political representatives suggested using the principles of governance for solving problems encountered in public administration. Besides them, individuals and civil society organizations try to get information from public authorities and try to hold them accountable. For them, good governance is the ultimate principle that will make these organizations more important actors in social life. Seeing the common usage of good governance, TESEV decided to change the content of the book prepared initially to publicize the results of our project “Good Governance: Improving Quality of Life”. Consequently, there emerged this study which comprises of two books. The first part of the book is made up of three parts. In the first part, the meaning of governance is explained. In the second part, the transition from government to governance in Turkey is depicted. In this section, the modern government is assumed to have emerged with Tanzimat and the passage to governance is explained in two stages. The first stage is the period from Tanzimat to the Republic. In this stage, the formation process of civil society is evaluated as well as the consolidation of public authority. With the same method, the period from the Republic to the present day is also evaluated. At the end of the first book, problem areas related to governance and new developments are mentioned. The second book comprises of the explanation and the results of TESEV’s “Good Governance: Improving Quality of Life” project. The details related to the development of project tools namely “Socio-economic Development Maps, Public Spending Analysis and Social Satisfaction Surveys” are shared. This study was prepared as a manual for local authorities, civil society organizations and citizens interested in the topic with an aim to make the term clearer and to facilitate the debate on the concept. For this reason, the methodology developed for scientific studies were not employed in this book. To facilitate an easy reading of the book, extensive bibliographies and footnotes were evaded. While preparing the book, all the relevant literature in Turkish was surveyed. There are many valuable studies on the historical development pattern. The sources and the internet sites used were mentioned at the end of the book.
Topic:
Governance, Reform, Accountability, Transparency, and Sustainability
Political Geography:
Turkey, Middle East, and Mediterranean

229. Meeting the Challenges of Decentralisation in France

Author:
Stephanie Jamet
Publication Date:
08-2007
Content Type:
Working Paper
Institution:
The Organisation for Economic Co-operation and Development
Abstract:
Despite France’s previously well-deserved reputation as a highly centralised state, a significant number of responsibilities have been devolved to regional and local government over the past two decades. The process has not been easy. The extremely large number of very small municipalities makes economies of scale in the implementation of policies hard to realise, and measures to overcome this have been at best only partially successful. Competence is often shared between levels of government, obscuring accountability, and the central government has often retained an arguably unnecessary degree of prerogatives. Reorganising the system to avoid overlapping responsibilities and improving transparency and accountability in local government finance provide some difficult challenges.
Topic:
Accountability, Local, Transparency, and Decentralization
Political Geography:
Europe, France, and Western Europe

230. Building the Rule of Law and Establishing Accountability for Atrocities in the Aftermath of Conflict

Author:
Louis Aucoin
Publication Date:
01-2007
Content Type:
Journal Article
Journal:
The Journal of Diplomacy and International Relations
Institution:
School of Diplomacy and International Relations, Seton Hall University
Abstract:
As places like Iraq and Afghanistan dominate the news, perhaps never before has post-conflict reconstruction assumed greater importance. As the resources of countries around the globe are invested in these and other conflict and post-conflict situations, it has become increasingly clear that the establishment of the rule of law is essential to the success of these efforts. In fact, the authorities have begun to recognize that the failure to prioritize the rule of law has been one of the chief failings of recent post-conflict missions.1 In the Secretary-General of the United Nations’ August 2004 report entitled “The rule of law and transitional justice in post-conflict societies,” Kofi Annan has defined the rule of law as: a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedure and legal transparency.2 In the past few decades, international and local actors have been working separately and together to foster all of these aspects of the rule of law in countries where it has been destroyed by conflict. There are now a number of activities that have emerged as standard strategies for the promotion of rule of law and transitional justice in post-conflict societies. New lessons are learned from each international mission or intervention in post-conflict societies, and practitioners are beginning to identify important methodological approaches building on those lessons. So-called “top-down” approaches, in which international elites attempt to impose foreign models, are frowned upon, and “bottom-up” strategies designed to foster local ownership and legitimacy are favored. In addition, practitioners of rule of law promotion now call for a holistic approach to this field in which multidisciplinary teams coordinate all of their activities pursuant to a strategic plan, which itself is the result of a careful pre-deployment assessment. The principal activities now intimately associated with this new field include: constitution-making, judicial reform, law development, democratic policing, establishing accountability/fighting impunity, fighting corruption, and the use of local customary practices in promoting the rule of law. This study analyzes the state of the art of rule of law promotion in the context of each one of these rule of law activities, briefly identifying the lessons learned, flagging questions unanswered, and, where possible, identifying the way forward.
Topic:
Conflict, Rule of Law, Accountability, and Atrocities
Political Geography:
Global Focus