6/5/ PROMOTION AND PROTECTION OF HUMAN RIGHTS AS PREREQUISITE FOR GOOD GOVERNANCE PREPARED BY: IBRAHIM MZEE IBRAHIM CLERK, HOUSE OF REPRESENTATIVES - ZANZIBAR

6/5/ INTERNATIONAL AND REGIONAL COMMITMENT TO HUMAN RIGHTS Article 1(3) of the UN Charter: “to achieve international co-operation …. in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion”. Preamble of the Universal Declaration of Human Rights “as a common standard of achievement for all peoples and all nations”.

6/5/ INTERNATIONAL AND REGIONAL COMMITMENT TO HUMAN RIGHTS Article 6 (d) of EAC Treaty: Good Governance includes “adherence to the principles of democracy, the rule of law, accountability, transparency, social justice, equal opportunities, gender equality, as well as the recognition, promotion and protection of human and peoples rights in accordance with the provisions of the African Charter on Human and Peoples’ Rights”.

6/5/ THE NEED FOR PROMOTION AND PROTECTION OF HUMAN RIGHTS Preamble of UDHR: Faith in the dignity and worth of the human person necessitates promotion and protection of human rights. Preamble of ACHPR: Fundamental human rights stem from the attributes of human beings which justify their international protection.

6/5/ THE NEED FOR PROMOTION … Preambles of ICCPR and ICESCR: Our recognition of the inherent dignity and of the equal and inalienable rights of all members of the Human Family is the foundation of freedom, justice and peace

6/5/ RESPONSIBILITY FOR PROMOTION AND PROTECTION OF HUMAN RIGHTS The prime responsibility and duty to promote and protect human rights and fundamental freedoms lie with the state (adoption of appropriate legislative, judicial and administrative measures). Individuals, groups and associations also have right and responsibility to promote respect for and foster knowledge of human rights and fundamental freedoms at the national and international levels.

6/5/ INTER-LINKAGE BETWEEN HUMAN RIGHTS AND GOOD GOVERNANCE Economic governance Political governance Government capacity in formulation and implementation of policies Governance covers government and private sectors and Civil Society

6/5/ INTER-LINKAGE CONT… Principles of good governance: democracy, rule of law, accountability, and participation, transparency, social justice, equal opportunities, gender equality, integrity, effectiveness and efficiency, and above all, promotion and protection of human rights.

6/5/ INTER-LINKAGE CONT… Example from Tanzania: Commission for Human Rights and Good Governance is vested with both investigative and prosecutorial powers as regards cases of human rights abuses and cases of maladministration.

6/5/ INTER-LINKAGE CONT… The principle of democracy and participation: Article 20(3) of UDHR provides that “The will of the people shall be the basis of the authority of governments; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures”.

6/5/ INTER-LINKAGE CONT… Democratic government and democratic processes cannot be achieved unless individuals have guaranteed civil and political rights. Direct democracy and indirect democracy (representative democracy) contribute to holding individuals and organizations accountable (answerable) for performance and use of resources.

6/5/ INTER-LINKAGE CONT… Rule of Law as a principle of good governance must be supported by guarantees on civil rights : a) Guarantees on property, personal security and liberty b)The role of the independence of the Judiciary

6/5/ INTER-LINKAGE CONT… Effectiveness and efficiency for good governance technological improvement in production and service delivery Access to economic human rights to reduce corruption e.g. adequate pay

6/5/ INTER-LINKAGE … The principles of equal opportunities in the distribution of obligations, wealth, social services and access to ownership of the means of production. Transparency as a principle for good governance is normally enriched by the human rights in terms of freedom of information.

6/5/ INTER-LINKAGE … Openness in government operations is determined by freedom of access to information and understanding of decision making mechanisms. Openness and access to information reduce uncertainty and can help control corruption among officials. It is about clarity of government rules, regulations, and decisions.

6/5/ PROMOTION AND PROTECTION OF HUMAN RIGHTS The Universal Declaration of Human Rights proposed two methods: (i) By teaching and education to promote respect for rights and freedoms (ii) By progressive measures, national and international, to secure their universal and effective recogntion and observance.

6/5/ PROMOTION AND PROTECTION … “progressive measures” mean at least four levels of duties for a state that undertakes to adhere to a rights regime, namely the duty to respect, protect, promote and fulfill these rights.

6/5/ INTEGRATION THROUGH EAC AND HUMAN RIGHTS Customs Union (from 1st January 2005 to 30 June 2010). Elimination of trade barriers regarding goods, harmonization of customs and free movement of goods within Partner States. Common Market started on 1 st July, (a) free movement of persons, labor and right of establishment (b) free movement of services; and (c) free movement of capital.

6/5/ INTEGRATION THROUGH EAC… Emerging new Human Rights challenges: Human rights issues regarding employment, non discrimination in business (goods and services) on the basis of nationality, immigration and ownership of property rights (real and personal).

6/5/ INTEGRATION THROUGH EAC… free movement of persons, labors and right of establishment threat of terrorism; possible inability to enforce law and order caused by the flow of immigrants in each Partner State; possible strain on social services such as health and education by a disproportionate influx of immigrants in any Partner State.

6/5/ INTEGRATION THROUGH EAC… Free movement of services draws our attention on potential challenges caused by discriminatory and indistinctly applicable rule Free movement of capital necessitates collective efforts of Partner States on anti- money laundering

6/5/ POLICY AND STRATEGIC RECOMMENDATIONS FOR THE EAC CONTEXT 1. Simplification and standardization of Judicial Processes and Procedures for enforcing Human Rights 2. Judicial enforcement (Justiciability) of economic, social and cultural rights according to the maximum available resources of each Partner State

6/5/ RECOMMENDATIONS … 3) Approximation of Laws and Standards by adoption of harmonizing legislation and prohibition of discriminatory behavior and other restrictive practices

6/5/ DEMOCRATIZATION PROCESSES IN EAC Democratization is necessary and relevant for promoting ownership of the integration process Collection of people’s opinion on fast tracking of EA political Federation The role of EALA is significant but there is a need for further democratization Introduction of direct democracy in some Partner States has proved successful e.g. referendum in Kenya and Zanzibar