MOVING FORWARD

How can supporters of democracy, good governance, and/or rule of law advance these concepts while balancing the tensions?

• Encourage an active citizenry that feels responsible for democracy, good governance, and rule of law.

A democratic, rights-respecting government that abides by rule of law does not happen on its own. It requires citizens who actively uphold these principles. The mayor of Palermo, Italy, described the state and society as two wheels on a cart: they had to turn together for the cart to move forward. Society must take responsibility for holding its government up to these ideals, and must assist by creating a culture that supports rule of law, good governance, and democracy. The government cannot create these on its own.

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• Recognize that reform is not linear, and requires constant citizen involvement.

In countries rated high in democracy, good governance, and rule of law indices, these systems took hundreds of years to achieve. They do not precede linearly: historically, countries tend to move forward on one or more measures, generate a backlash, take a step back, and then move forward again. Often, countries advance in one area and not others. Countries also advance for the “wrong” reasons. For instance, European rulers in the Middle Ages gained a monopoly on violence and disarmed their Lords in order to increase their own power. Gradually, they provided more protection to their people so that they would have a larger economy to tax. They reduced corruption so that more of this tax income could be used by the central state. Reforms require a political motive, and do not move forward together, nor are they always pursued for the greater good. Therefore, advancing good government, democracy, and rule of law requires an active citizenry that keeps at the fight. It is never over, even in the most developed countries.

• Leverage the interrelationships between democracy, good governance, and rule of law.

Some citizens and rulers may appreciate some of these concepts more than others. For instance, dictators may balk at democracy but desire some elements of rule of law in order to gain greater control over violence and corruption in their states. Leverage the fact that these goals are mutually supporting by working for one element when there is an opening for it, and using it as a wedge to push for all three.

• However, don’t allow other elements to be lost.

Each of these terms is multidimensional. Because they can move forward for the wrong reasons, it is dangerous to only focus on a few aspects of each. For instance, a country that is improving its law and order, but reducing human rights and

increasing government impunity is not moving towards better governance and rule of law. Citizens may appreciate the improvements but must also keep up the pressure on such governments to uphold all aspects of these concepts to minimize backsliding.

• Keep reform focused on power, not technical aspects of change.

It is easy to blame inefficient bureaucracies on poor technical skills, or to believe that challenges to law and order require providing more lethal equipment to a state. However, often challenges arise to law and order because a state is seen as illegitimate to its own people. Bureaucracies may be weak because they are intended for patronage, not efficiency. Democracy, rule of law, and good governance are all means to determine who holds power, how much power they can wield, and how resources are allocated – these are inherently political. If reform efforts are apolitical or technocratic, they are unlikely to be addressing the core rule of law challenges.

• Focus on desired outcomes, not institutional means.

Rule of law, democracy, and good governance involve some common ends, including equality, accountability, participation, and effective government. Passing laws or altering institutions are only of use if they serve these ends: they are not ends in themselves. Elections are important because they enable people to choose their governments and hold their leaders accountable: they are of no use if opposition

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candidates are banned. Efficient, modern courts are important to rule of law if they deliver justice: they can undermine rule of law if modern court facilities are given to corrupt judges. Keep reforms focused on the ends, and remember that the means are only one way to get there.

• Focus reform on areas of social agreement.

Some aspects of democracy, good governance, and rule of law may be at odds with local culture – such as the equality of all people, creeds, etc. before the law. Work towards these goals – but do not start with them. Instead, start with aspects of strengthening systems that have broad public support. It is impossible to advance any of these concepts if the majority of the country feels they are undesirable, imported ideas or advancing an alien agenda.

REFERENCES

The Varieties of Democracy Project, https://v-dem.net/ attempts to provide a thorough review of different conceptions of democracy, and distinguishes between seven varieties of democracy: electoral, liberal, majoritarian, consensual, participatory, deliberative, and egalitarian.

World Governance Indicators, www.govindicators.org

David Collier and Steven Levitsky, “Democracy with Adjectives: Conceptual Innovation in Comparative Research,” World Politics, vol. 49, no. 3 (1997): 430-451; and Philippe Schmitter and Terry Lynn Karl. “What Democracy Is…And Is Not.” 1991.

Robert Dahl. Polyarchy: Participation and Opposition. 1971

Rachel Kleinfeld, Advancing the Rule of Law Abroad: Next Generation Reform (Washington D.C.: Carnegie Endowment, 2012).

Philippe Schmitter and Terry Lynn Karl, “What Democracy Is … And Is Not,” Journal of Democracy, vol. 2, no. 3, Summer 1991.

Joseph Schumpeter. Capitalism, Socialism and Democracy. 1947.

ENDNOTES

23 International Monetary Fund (IMF), Good Governance: The IMF’s Role (Washington, DC: IMF, 1997); and IMF, “The IMF and Good Governance,” factsheet (Washington, DC: IMF, March 2014).

24 Helen Clark, UNDP Administrator, remarks at Fourth United Nations Conference on the Least Development Countries, High-Level Interactive Thematic Debate, and Good Governance at All Levels, Istanbul, May 11, 2011.

25 United Kingdom, Department for International Development (DFID), “Governance Portfolio Review Summary: Summary Review of DFID’s Governance Portfolio, 2004–2009” (DFID, London, July 2011).

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