Change for Freedom Policy for democratic development and human rights in Swedish development cooperation, 2010–2014 Produced by the Department for Development Policy and the Press and Communication Department, Ministry for Foreign Affairs Cover: Jean-Léo Dugast/Phoenix Art no: 10.039 ISBN: 978 91-7496-422-6 Printed by: EDITA, Sweden 2010 Additional copies of the publication can be ordered on the MFA website: www.ud.se Change for Freedom Policy for democratic development and human rights in Swedish development cooperation, 2010–2014 Photo: Pietro Cenini/Phoenix Content Summary 6 1.Introduction 7 2.Aims 10 3.Overall objectives, basic premises and values 10 3.1 3.2 3.3 3.4 10 11 14 Objectives The rights perspective Focus areas Democratic development and human rights in various country situations 21 4.Implementation 27 27 28 30 32 4.1 4.2 4.3 4.4 Analysis and assessment Implementation of the rights perspective Forms of cooperation Aid effectiveness and goal fulfilment 5.Division of roles and responsibilities 33 6.Follow-up 34 Summary With this policy, the Government is raising its level of ambition and clarifying its aims concerning Swedish development cooperation in working towards the goal of democratic development and greater respect for human rights in developing countries. Achievement of this goal will help Sweden meet the overall objectives of its international development cooperation programme1. A basic premise is that human rights are universal, interdependent and indivisible. In this policy, the Government places special emphasis on civil and political rights. Priority is given to three focus areas: i) civil and political rights, ii) the institutions and procedures of democracy and the rule of law, and iii) actors of democratisation. The basic positions adopted by the Government with regard to the rights perspective and its implementation are to apply across the entire development cooperation sphere, regardless of sector. The policy applies to that part of the Swedish development cooperation programme which focuses principally on democratic development and greater respect for human rights. Other areas of activity that fall outside the policy framework but which can help fulfil the policy goal include administrative reforms, for example in the health and education sectors. Sweden is to familiarise itself with each partner country’s political situation, specific history, traditions, power structures, values and culture in order to achieve the best possible results in its development cooperation efforts. Sweden’s international aid programme has two subdivisions: The objective of the International Development Cooperation subdivision is "to help create conditions that will enable poor people to improve their lives”. The objective of the Reform Cooperation in Eastern Europe subdivision is: ”Strengthened democracy, equitable and sustainable development, and closer ties to the EU and its basic values”. 1 6 P olic y fo r democ r atic de v elopment and h u man r i g h ts in S w edis h de v elopment coope r ation , 2 0 1 0 – 2 0 1 4 4 1. Introduction Democratic society based on human rights must be constantly upheld and defended. At all times. In all countries. In many parts of the world, abuses and other crimes against human rights, growing distrust of political parties and elected representatives, an ever-harsher climate for civil society organisations, violations of women’s rights in conflict situations, and inadequate respect for the rule of law, have all made efforts to support democratic development more difficult. New donors are wielding greater influence in many developing countries, including ones that lack democratic values or human rights as a normative basis in society. This situation is presenting individual states, the international community and other actors with fresh challenges, and there is a growing need to emphasise the importance of human rights and democracy in international development cooperation. Children are sometimes inprisoned with their mothers. Hyderabad, India. Photo: Heldur Netocny/Phoenix P olic y fo r democ r atic de v elopment and h u man r i g h ts in S w edis h de v elopment coope r ation , 2 0 1 0 – 2 0 1 4 7 Sweden takes a multidimensional view of poverty that goes beyond lack of resources to embrace lack of freedom and political power as well. A person is living in poverty, for instance, if he or she lacks freedom of expression and the chance to participate, thus lacking influence. All individuals must therefore have the opportunity, the power and the security to change their situations in life and influence how their country develops. Democratisation is built from within and from below. But it can, and should, be supported from outside. This policy proceeds from a definition of democracy as a form of collective decision-making and exercise of power by citizens living on equal terms in society. The democratic process assumes the presence of elected government representatives, free and fair elections, universal and equal suffrage, the right to stand for elected office, opportunities for demanding accountability, and respect for the various opinion-related freedoms (freedom of thought, conscience, religion, expression, opinion, association and assembly). The indivisibility of human rights What constitutes human rights is defined in the UN’s Universal Declaration of Human Rights and in the international and regional conventions on human rights. A basic premise in Sweden’s international development cooperation work is that human rights are universal, interdependent and indivisible. Each individual state is required to respect, protect and provide for these rights. The enjoyment of civil and political rights is important in itself, and also improves the chances of the poor to claim their economic, social and cultural (ESC) rights. At the same time, the realisation of ESC rights may in turn be a prerequisite for the enjoyment of certain specific civil and political rights. This linkage must continue to be borne in mind in Swedish development cooperation efforts. The Government takes the view that respect for civil and political rights and the rule of law are both crucial to the task of building efficient democracies and reducing poverty in all its dimensions. These rights and the institutions that guarantee them must therefore be given a prominent role. Special initiatives in support of democratisation and freedom of expression are to comprise a large part of the Swedish democracy support programme, not least in countries under authoritarian rule. Democracy is the form of governance best capable of ensuring and strengthening respect for human rights. A characteristic of democratic development 8 P olic y fo r democ r atic de v elopment and h u man r i g h ts in S w edis h de v elopment coope r ation , 2 0 1 0 – 2 0 1 4 4 is that citizens are increasingly able to place demands on their elected representatives and hold them to account. In developing countries, democratic forces – and powerful opponents – are to be found in many policy areas. To gain legitimacy, political rulers are well advised to choose priorities that reflect popular expectations regarding efficient public services capable of meeting citizens’ basic needs and rights. Unequal access to basic public services has often proved a powerful factor in generating protest movements. People join forces and bring about political change by seeking to solve specific practical problems. These may include things like children’s attendance at school, maternity care improvements, access to clean water, or securing the food supply. Other areas of development cooperation than those which focus specifically on promoting democracy and respect for human rights may therefore contribute to the fulfilment of the policy objective (see 3.1). This applies for instance to administrative reforms in the health, education and agricultural sectors and in development of the private sector. Education and research can strengthen the prospects for democratisation by improving knowledge, which gives people a better chance of influencing both their own situation and society as a whole. Democratic development and human rights in Swedish development cooperation The rights perspective* and the perspective of the poor in all development cooperation. Democratic development and human rights in relevant sectors. Activities focusing principally on democratic development and human rights. Special initiatives in support of democratisation and freedom of expression. * The rights perspective is based on the UN’s Universal Declaration of Human Rights and on the international and regional human rights conventions. The following four principles apply: a) Participation, b) Openness and transparency, c) Accountability, d) Non-discrimination. See sections 3.2 and 4.2. P olic y fo r democ r atic de v elopment and h u man r i g h ts in S w edis h de v elopment coope r ation , 2 0 1 0 – 2 0 1 4 9 2. Aims The policy establishes a number of fundamental positions relating to that part of the Swedish development cooperation programme which focuses principally on promoting democracy and respect for human rights. The policy is based on the Government’s communication to the Riksdag, Freedom from Oppression: Swedish Democracy Support (Freedom from Oppression – Government Communication on Swedish Democracy Support, Govt Comm. 2008/2009:11) and applies both to Sweden’s bilateral development assistance and to its multilateral programme. The policy also specifies how a rights perspective is to be mainstreamed into the entire development cooperation programme. The policy covers the period 2010–2014. Photo: Lorenz Christensen/Phoenix 3. Overall objectives, basic premises and values 3.1 Objectives The overall objective of Sweden’s support for democratic development and human rights in both multilateral and bilateral cooperation programmes is: Democratic development and increased respect for human rights in developing countries. 10 P olic y fo r democ r atic de v elopment and h u man r i g h ts in S w edis h de v elopment coope r ation , 2 0 1 0 – 2 0 1 4 4 3.2 The rights perspective The implementation of Sweden’s policy for global development, of which development cooperation is a part, is to be based on a rights perspective and on the perspective of the poor. The rights perspective places the rights and freedoms of the individual at the centre of development in a country. Poverty reduction and support for equitable and sustainable global development is to be based on the situation, needs, capabilities and priorities of poor women, men and children. The two perspectives complement and support one another and partially overlap. They also represent a starting point for analyses and assessments and provide a common basis for dialogue, cooperation and follow-up. Depending on the context and purpose, however, there may be reason to emphasise one of these perspectives in particular. The following makes clear the basic premises underlying the Government’s thinking on how a rights perspective is to be mainstreamed into the entire development cooperation programme, irrespective of sector. 3.2.1 Human rights as a normative base Ensuring that the rights perspective is mainstreamed into development cooperation is in itself an important way of promoting both greater respect for human rights and democratic development. The starting point for rights-based development cooperation is a globally agreed set of common values, comprising the UN Universal Declaration of Human Rights adopted in 1948 and the legally binding human rights conventions subsequently adopted. In addition, there are regional instruments and systems for the protection of human rights in Africa, Europe and America. Human rights regulate the relationship between the state and the individual. The state is obliged to make these rights a practical reality, via for instance an efficient justice system and by guaranteeing citizens’ rights to education, health and the opinion-related freedoms (freedom of thought, conscience, religion, expression, opinion, association and assembly). States governed by the rule of law guarantee such rights – where the rule of law is absent, these rights do not reach the citizens. Human rights are inherent to all, without distinction, regardless of coun- P olic y fo r democ r atic de v elopment and h u man r i g h ts in S w edis h de v elopment coope r ation , 2 0 1 0 – 2 0 1 4 11 try, culture or specific situation. The rights perspective is based on the understanding that all individuals possess rights. No government can claim special conditions such as tradition, culture or religion as an excuse for violating human rights. Human rights include civil and political rights as well as economic, social and cultural rights. These rights are universal, mutually supportive and indivisible. Although contradictions or tensions may exist between different rights, states cannot choose to disregard certain of their obligations under international law. 3.2.2 The rights perspective in development cooperation People’s enjoyment of their human rights is both a foreign policy goal and a means of achieving development and a sustainable peace. Sweden’s basic position is that all development cooperation must be human rights-based, i.e. that a rights perspective must be applied in all areas. This approach empowers the individual by strengthening his/her right to control his/her development and situation in life. In practice, it is a matter both of persuading the state to guarantee the rights of the individual and of heightening people’s awareness of these rights and improving their chances of claiming them themselves. Gender equality and women’s rights, and also children’s rights, are a key part of the rights perspective. Women and men must have equal rights, but it is their differing circumstances, interests, capabilities and opportunities that are to provide the basis for a rights analysis and for decisions on what action to take to ensure that both sexes are able to enjoy their rights. 12 P olic y fo r democ r atic de v elopment and h u man r i g h ts in S w edis h de v elopment coope r ation , 2 0 1 0 – 2 0 1 4 4 Four principles The rights perspective incorporates four fundamental principles, based on the normative framework for human rights: Non-discrimination is a basic premise of development cooperation and means that people are to be treated equally and with the same respect for their dignity, which in practice often means that the interests of marginalised and discriminated groups are to be brought to the fore and given priority. Every individual is entitled to a life free from discrimination and poverty. This presupposes things like access to relevant statistics and qualitative information. Participation is both a method for achieving predetermined objectives and securing sustainable results, and a goal in itself in that it makes people more aware that they have the right to demand change and social justice. All individuals must be able to make their voices heard, regardless of their social position, sex, age, disability, ethnicity, religion or other belief, orsexual orientation. When decisions are to be made that affect people living in poverty, therefore, one of the basic aims of Swedish development cooperation must be to strengthen citizens’ participation in democratic political processes. The right to free and independent information is a condition of active participation in the various functions of society, where openness and transparency enable people to demand accountability on the part of decision-makers. An open society is also essential if corruption is to be properly tackled. By ratifying the conventions on human rights, together with human rights that have the status of international customary law, each state unequivocally commits itself to ensuring that rights are respected, protected and supported at all levels. It is the task of the state to ensure that individuals are able to enjoy their rights, whether alone or in the company of others. The principle of accountability, therefore, is a key part of the rights perspective. This principle is closely linked to the principles of openness and transparency and free and fair elections. By acceding to international conventions, states have also agreed to let their implementation of the documents be scrutinised – and criticised – not only by the UN monitoring bodies but in practice by the country’s citizens and other states as well. P olic y f ö r e k onomis k tillv ä x t inom s v ens k t u t v ec k lin g ssama r bete 2 0 1 0 – 2 0 1 4 13 The Supreme Court in Mocambique signing documents in connection with the first democratic election in Mocambque in 1994. Photo Gustaf Eneroth/Phoenix 3.3 Focus areas In the present policy, the Government identifies three focus areas as a point of departure for its priorities with regard to Swedish development cooperation centring on support for democracy and respect for human rights: • Civil and political rights • The institutions and procedures of democracy and the rule of law • The actors of democratisation. 3.3.1 Civil and political rights Strengthen freedom of expression and the development of free, independent media Civil and political rights are of particular relevance in connection with an intensified, focused democracy support effort. Freedom of expression and the emergence of free, independent media – including their role in fostering accountability – are therefore to be given priority. In seeking to strengthen freedom of expression, Sweden is to push for legislation that encourages the development of free and independent media (radio, TV, the press and the Internet), a strong and diversecommunication environment, and laws and policies that facilitate press freedom, free media, cultural diversity and the right to cultural expression, and the free use of information and communication technology. 14 P olic y fo r democ r atic de v elopment and h u man r i g h ts in S w edis h de v elopment coope r ation , 2 0 1 0 – 2 0 1 4 4 Sweden is to emphasise the importance of independent bodies for the distribution of broadcasting and publishing licences, of good journalistic ethics, and of avoiding both excessive concentrations of ownership and interference by the authorities so as not to restrict freedom of expression. Sweden will also support journalist training and journalist associations. Sweden should further seek to ensure that supervisory bodies take into account how new media converge, co-exist with and influence traditional media. If the media are to perform their role as watchdogs and give citizens insight into the workings of government and society, legislation providing for public access and the regulated right to information are both essential. Exploit information and communications technology Sweden is to help improve access to and the use of information and communication technology (ICT) so as to enhance knowledge, participation and the dissemination of information, without the need to consider physical borders. This is to apply both within and between countries, between different age groups, sexes and population groups, and between urban and rural parts, and is to be pursued with respect for human rights. Freedom of expression and the principle of transparency are to be mainstreamed both into the dialogue and into the work being undertaken on ‘Internet and Internet Governance’, i.e. national and international dialogue and policy processes addressing the development and use of the Internet. Sweden is to help create new arenas and more extensive opportunities for the dissemination of information and for networking, the pursuit of accountability, the documentation of human rights violations, and election monitoring etc. The use of tools such as social media is to be encouraged. Ensure universal suffrage and participation Sweden is to help ensure that all individuals in developing countries have a genuine opportunity and the freedom to improve their circumstances in life by exercising an influence in political processes and decision-making, and that they are also able to prepare for this through association with civil society organisations and political parties. Electoral processes and election monitoring will therefore be two key instruments in Sweden’s democracy support programme. P olic y fo r democ r atic de v elopment and h u man r i g h ts in S w edis h de v elopment coope r ation , 2 0 1 0 – 2 0 1 4 15 3.3.2 The institutions and procedures of democracy and the rule of law Strengthen state protection of human rights Democratic development presupposes properly functioning institutions and procedures, i.e. parliaments and elected assemblies at national and local level, national institutions for the protection of human rights, electoral processes, democratic parties and party systems, efficient administrations and justice systems, and a security sector under democratic control. All this must have a constitutional and legal basis. Sweden is to give priority to solutions that are based on citizen interests and existing local conditions in different cultures, and on systems with the potential to gain credibility and legitimacy in the eyes of those living in poverty. Quality and a long-term perspective is to be sought in these relations. Capacity development is to be given priority. Support entire electoral processes Sweden is to encourage the development of strong, legitimate and pluralistic electoral and party systems with political actors capable of formulating, implementing and reviewing policies. In its development cooperation work, Sweden is to give prominence to the electoral process as a whole, from voter education and the planning of coming elections to transparent electoral laws, including rules for the distribution of seats and systems for post-election conflict resolution. Sweden is to give priority to independent election commissions and civil society organisations that engage in opinion-making activities, voter education and election monitoring. Sweden will also place emphasis on local and regional elections, not least to ensure that women, young people, minority groups and people with disabilities are included more fully. Strengthen parliaments Sweden is to help strengthen private citizens’ influence on the political process. To this end, democratic structures will be required that facilitate accountability – especially popularly supported, effective and independent parliaments and elected assemblies at regional and local level. Swedish support for parliamentary development must seek to strengthen the political process as a whole, i.e. the aim must be clearer accountability, broader representativity and greater openness and transparency. Support can 16 P olic y fo r democ r atic de v elopment and h u man r i g h ts in S w edis h de v elopment coope r ation , 2 0 1 0 – 2 0 1 4 4 be provided in different ways and the most suitable approach will need to be determined from case to case; initiatives where the activities centre on specific policy issues can sometimes be more effective than general parliamentary support. Encourage the development of democratic political party systems A democracy cannot work without credible and democratic political parties capable of formulating political and economic reforms. Sweden, therefore, is to give priority to the development of pluralistic and democratic political party systems and democratic political parties. This activity will represent an important and integrated part of Sweden’s democracy support effort. Political party-affiliated organisations in Sweden should be able to cooperate with sister parties in other countries, to strive for the development of a multiparty structure, to cooperate across political party lines and to contribute to the democratisation process in other ways. Special attention should be given to civil society actors who assume a broad political responsibility and who are capable of developing into new political parties, particularly in authoritarian states and post-conflict situations. Promote efficient and effective public administration Administrative reforms are both technical and political in character since they often challenge existing power structures and values. With a strong and efficient public administration in place, the state in a developing country can implement the development policies it has adopted and make the most of donor support. As a rule, it is via the local administration that the individual can claim the majority of his or her rights. Sweden is to give priority to the development of open, effective and efficient administration at national, regional and local level. A further priority aim is to support and scrutinise the executive powers in order to make public administration more efficient, to combat corruption and to prevent discrimination. Actors of key importance are parliaments, independent auditors, ombudsman institutions, the media, universities and civil society organisations. Where possible and relevant, the potential for eGovernment should be examined with a view to developing it further. In all cases where administrative support is to be provided, both general and sectoral administrative reforms should be given consideration, e.g. in the areas of financial governance, taxaP olic y fo r democ r atic de v elopment and h u man r i g h ts in S w edis h de v elopment coope r ation , 2 0 1 0 – 2 0 1 4 17 tion, staff policy and staff administration. Other areas may include making public data accessible, on the Internet and elsewhere, independent auditing, and efforts to ensure that administrations are characterised by openness and transparency, e.g. by applying the principle of the right to information. The Swedish principle of public access to official documents may be a source of inspiration in this respect. Decentralisation reforms and programmes for institutional development at local level that make it easier for poor women and men to both participate in and seek accountability from the political system, are strategically important, as is greater budgetary openness at local level. The decentralisation of decision-making functions should be accompanied by the distribution of power and resources. As the level of direct taxation rises, demands for greater accountability and fair decision-making tend to increase. Sweden, therefore, will seek to strengthen the ability of states to mobilise domestic financial resources, primarily by means of wider tax collection. There are considerable benefits to be had from a free flow of information, goods, services and capital. There are risks, however, in becoming too dependent on external flows such as aid, loans, remittances, portfolio investments or direct foreign investments. Fight corruption Corruption is often a result of weak democratic governance and informal power relation that hamper or undermine democracy and reduce the effectiveness of partner countries’ development policies for poverty reduction and reform. Corruption also tends to undermine respect for human rights. Sweden will seek to support governments’ efforts to curb corruption through concrete initiatives and dialogues. Dialogues on corruption risks, and plans for dealing with them, are to adopt a broad approach and accompany all stages of the development cooperation process – analysis, strategy, implementation and follow-up – irrespective of sector. The efforts of media watchdogs and ‘whistle blowers’ to curb corruption are to be supported. Sweden is to actively encourage all partner countries to ratify and implement the UN Convention against Corruption and will provide support to help them implement it effectively. In this connection, it is vital to enhance awareness of the human rights commitments of businesses via increased corporate social responsibility (CSR), and 18 P olic y fo r democ r atic de v elopment and h u man r i g h ts in S w edis h de v elopment coope r ation , 2 0 1 0 – 2 0 1 4 4 also to pay due regard to their anti-corruption work and their demands for transparent procurement processes and efficient administration. Contribute to the development of a properly functioning justice system Sweden is to encourage the development of an efficient, independent and effective justice system and thereby contribute to the principle of equality before the law, the prohibition of torture, the right to a fair trial and the protection of citizens against arbitrary deprivation of liberty. In the Government’s view, the extent to which poor women, men, children and young people have access to justice before the law should be a decisive factor in determining how judicial bodies are planned and structured. In both its initiatives and its dialogues at national level, therefore, Sweden must address the justice chain as a whole so as to facilitate cohesive reforms in the justice sector for the purpose of dealing with problems such as freedom from prosecution, impunity and corruption in an effective manner. Consequently, Sweden will press for equal access to justice. Actors in both formal and traditional justice systems and in civil society play a strategic role in the democratisation process. Traditional judicial structures that enjoy considerable legitimacy – which are often more accessible – should be included in reform programmes where appropriate, as long as they guarantee equal rights before the law. Of crucial importance in this connection is the protection of the rights of women, people with disabilities, LGBT persons, indigenous peoples and people living with hiv and aids, and also the protection of national, ethnic, linguistic, religious or other minorities. Children and young people must be guaranteed protection and special consideration throughout the judicial process. 3.3.3 Actors for democratisation If democracy is to develop and be consolidated, it is not enough for a country simply to have democratic public institutions. A democratic culture must also develop among private individuals. The culture of democracy implies an awareness both of the human rights each person has and of the norms and values required to make these rights a practical reality, e.g. autonomy, reciprocity, respect and trust. A democracy is not possible without democrats. Democratisation is only possible if those who believe in democracy are prepared to fight for it. When P olic y fo r democ r atic de v elopment and h u man r i g h ts in S w edis h de v elopment coope r ation , 2 0 1 0 – 2 0 1 4 19 supporting democratisation processes, therefore, it is vital to begin by identifying potential drivers of change in the form of organised or individual opposition forces or defenders of human rights. Swedish support for and cooperation with democratically minded drivers of change at global, national, regional or local level in such spheres as the public sector, civil society, political parties, academia, the media, cultural life and the private sector will be given priority. The realisation of human rights is largely dependent on central governments’ political priorities, but also on the capacity of public administration to fulfil its duties and the ability of private individuals to claim their rights. Sweden is to encourage closer political interaction between central government, parliament and opposition, the justice system, public administration, the private sector and civil society actors. Contribute to the development of a vibrant and pluralistic civil society Democratic reform efforts initiated by civil society actors are to be given priority. Potentially reform-minded actors in the state and private sectors are also to be given special attention. Civil society can disseminate information and raise awareness about democratic processes, serve as a channel and arena for people’s political interest and commitment, promote accountability and help ensure popular support for the policies pursued. Sweden, therefore, will encourage the development of a vibrant, pluralistic civil society capable of contributing effectively – through a human rights-based approach – to the reduction of poverty in all its dimensions. In providing democracy support, Sweden is to emphasise civil society’s role as a collective voice. Civil society is of key importance in helping both to raise public awareness and to strengthen demands for responsibility and accountability on the part of the executive. This holds true even where civil society organisations do not have democratic development and human rights as their principal area of activity. Sweden should encourage the development of national and local arenas for popular participation in the formulation and follow-up of the partner country’s development policies. Where mechanisms for demanding responsibility/accountability are lacking, Sweden is to help create such forums for dialogue. Protect human rights defenders Defenders of human rights – organisations, groups or individuals within the state apparatus or civil society – are to be given priority in the Swedish democ- 20 P olic y fo r democ r atic de v elopment and h u man r i g h ts in S w edis h de v elopment coope r ation , 2 0 1 0 – 2 0 1 4 4 Women queing to vote at the elections for Parliament in Guinea-Bissau 1999. Foto Gustaf Eneroth/Phoenix racy support programme. They are in a vulnerable position, often live under threat, and strive to defend a wide spectrum of rights. The documentation of human rights violations and corruption should also be given priority, along with training, opinion-making, legal counselling and protection. Strengthen women’s rights and encourage their participation in politics Sweden is to actively seek greater gender equality and the participation of women in decision-making on the same terms and with the same rights as men, not least in the parliamentary arena and in elected bodies at regional and local level. This applies both to the proportion of women and to their actual power and influence in relation to decision-making, law-making, supervision and control, and conflict management. Emphasis is to be placed on training and support for women’s leadership. 3.4 Democratic development and human rights in various country situations Democratisation is an unpredictable process. It is seldom linear in character, but involves both advances and setbacks. A number of situations can be used to describe what state countries are in. The feasibility of democratisation in a given country is often closely dependent on traditional patterns, existing P olic y fo r democ r atic de v elopment and h u man r i g h ts in S w edis h de v elopment coope r ation , 2 0 1 0 – 2 0 1 4 21 cultures and surrounding countries in that particular region. Events of one kind or another can affect democratic development in a country. Conflicts, legal trading and smuggling, access to or lack of energy and water, and migratory and refugee flows in a region are all examples in point. Often, therefore, intergovernmental regional organisations and strategic regional alliances are crucial to democratic development. So too are the terms and conditions established for membership of regional organisations such as the EU, the AU and the OAS etc. Sweden is to strive for more extensive dialogue on democracy within and between international and regional organisations. The countries of Eastern Europe and the Western Balkans with which Sweden is engaging in reform cooperation are seeking EU membership. A candidate country wishing to join the EU must meet what are known as the Copenhagen criteria. These require countries to have stable institutions that guarantee democracy and human rights, to respect the rule of law and to protect minorities. Sweden’s bilateral development cooperation with these countries is to, for example, focus on such tasks as facilitating closer integration with the EU in these areas. Each country has its own unique conditions. Below, the Government specifies different approaches on which Sweden can base its democracy support provision in different situations. In some cases, elements of different situations may be present simultaneously in one and the same country. 3.4.1 Authoritarian states Authoritarian states in which intergovernmental cooperation is neither possible nor desirable Sweden’s basic position is that its aid should not be given directly to the regime in an authoritarian state. Instead, it is to go primarily to drivers ochange within the country via a range of different channels, including Swedish and foreign civil society organisations, party political organisations, and regional and other intergovernmental organisations. Democratically oriented exile organisations and exile media have a vital role to play in paving the way for greater pluralism, a robust and pluralistic civil society, increased citizen influence and more extensive accountability. The development of political alternatives and a new leadership is to be encouraged. Where the opportunity presents itself, Sweden is to support civil society 22 P olic y fo r democ r atic de v elopment and h u man r i g h ts in S w edis h de v elopment coope r ation , 2 0 1 0 – 2 0 1 4 4 organisations, human rights defenders, research institutes, the media and culture-creating constellations so as provide greater scope for exchanges of views and influence democratisation processes. Sweden should encourage greater use of ICT so as to enable private individuals to obtain, create and disseminate information independent of official channels for media and communication. Authoritarian states where there is scope for change through long-term development cooperation Democratisation processes in authoritarian states tend to benefit from the appearance of cracks in the regime and the emergence of groups of more reformminded actors. Dialogue with and support for such forces for change within a regime should, where appropriate, be considered after careful analysis of the risks and opportunities such a course entails. In certain situations, there may be scope for aiding moves towards democracy by means of long-term development cooperation with a central government partner. In such cases, Swedish support may be provided for reforms of a country’s public administration, justice sector or other sectors, including health, private sector development and natural resource management. This must however take place in such a way that it does not represent or be thought to represent political support to or legitimisation of an undemocratic authoritarian regime. Where appropriate, Sweden is to help develop preparedness for an imminent or possible future transition. 3.4.2 Conflict and post-conflict situations Peace agreements are instrumental in paving the way for change. Which electoral system is chosen – and what history a country has in terms of ethnic, social and other power structures – directly affects the chances of a relapse into violence. It also affects whether a multiparty system will emerge and whether women will have the chance to occupy positions of power in the new setup. Conflict resolution and lasting peace cannot be achieved without broad popular participation and long-term action. In conflict situations, the rights and protection of women and girls in particular are to be ensured and safeguarded. The participation of women on equal terms in formal and informal decisionmaking processes, peace negotiations, conciliation processes and other conflict management mechanisms is vital if lasting, sustainable peace is to be secured. Reforms of the security sector, focusing on the justice chain in its entirety, are of key importance. The work of truth and conciliation commissions and P olic y fo r democ r atic de v elopment and h u man r i g h ts in S w edis h de v elopment coope r ation , 2 0 1 0 – 2 0 1 4 23 the rehabilitation of direct and indirect victims of conflicts may be crucial. Impunity and freedom from prosecution must be actively opposed so as to prevent future abuses, including gender-related violence, corruption and antidevelopment policies, and also to help restore human dignity to the victims. Often, compensation for actual losses of cattle, land, homes and income are at least as important as bringing the perpetrators to justice. The transformation of combatants into democratically minded political actors should be given priority. Demobilisation and the reintegration of both adult and child solders, through for instance inclusion in educational programmes, is of vital importance, as is exploiting the potentially constructive contributions of young people. Where conflicts have led to population displacements, a fair distribution of land and other natural resources is an important part of the reconstruction process and an aid to future democratic development. The problems faced by the individual after a conflict are more likely to find their solution in administrative measures than in judicial measures. Sweden should encourage non-discrimination and a diversity of voices by striving for freedom of expression, a free flow of information and free and independent media, and should press for greater access to information and communication technology. Freedom of expression and the right to information are other important components in post-conflict reconstruction processes, in that they make it possible to deal with future conflicts in accordance with democratic principles. Media development and the use of ICT should, where possible, be included in strategies for the reconstruction and development of post-conflict areas. 3.4.3 Fragile democracies in the early stages of democratisation Where corrupt and authoritarian one-party states and military regimes have collapsed and democratisation has begun, the transition has often been brought about by a combination of pressure from civil society and reform efforts on the part of the ruling power elite. The most sweeping changes tend to come early, during the first year of transition when a new regime takes office, even if the change process may have been building up gradually over a long period. Democratic reforms introduced in conjunction or immediately after a transition should be supported so as to pave the way for a long-term democratisation process and so as to strengthen constructive forces and drivers of change in society. Special emphasis should be placed on processes that encourage participa- 24 P olic y fo r democ r atic de v elopment and h u man r i g h ts in S w edis h de v elopment coope r ation , 2 0 1 0 – 2 0 1 4 4 tion and gender equality and that combat discrimination, so as to ensure the deepest and widest popular support possible. Efficiency in the provision of public services and the presence of accountability and transparency at both local and national level are often particularly important in fragile democracies since they create the requisite confidence in what democracy can achieve. Electoral processes, party systems, parliaments and central government mechanisms for supervision and control should be given priority. 3.4.4 New democracies in the process of consolidation Some of Sweden’s partner countries are relatively new democracies in the process of implementing reforms and building up a democratic political culture. These countries have democratically elected parliaments, a multiparty system and some form of local autonomy. In general, respect for the basic principles of democracy is on the increase but a democratic political culture has yet to be properly established. The shortcomings found in stagnating democratisation processes are also present here – e.g. weak local autonomy and political and economic elites actively opposing both greater political equality and development policies on poverty reduction. The influence of women in the political, administrative and business spheres may be weak as a result of traditional perceptions of gender roles. The participation of young people and opportunities for them to gain real influence in the community should be given priority. Of key importance to the further advancement of democracy is development in the media sector, a free cultural life, the development of civil society organisations and the party system – based on wider membership and gender equality – and broader citizen participation. Also, women must be given a greater say in general. The same applies to reform-minded forces in the justice system, the government and parliament, since they can initiate and implement decentralisation reforms and ensure openness and transparency in the dealings of parliament and government agencies. 3.4.5 Stagnating democratisation processes In countries with stagnating democratisation processes, all the requisite political institutions are nominally in place but their foundations are weak and justice reforms that threaten the interests of those actually wielding power are P olic y fo r democ r atic de v elopment and h u man r i g h ts in S w edis h de v elopment coope r ation , 2 0 1 0 – 2 0 1 4 25 Registration of voters for the local elections in Odzak, Bosnia Herzegovina. Photo: Gustaf Eneroth obstructed or delayed. Usually, there are forces that openly or covertly oppose political equality, such as the military, militia, commercial interests, clans and political elites; sometimes, it is social movements that have either been coopted or have lost momentum. At best, the status quo prevails. At worst, such countries slide into the abyss. In such situations, openness and transparency are crucial to the task of ensuring political accountability, e.g. via laws that facilitate access to information and the mobilisation of stakeholder groups via innovative channels (mobile telephony, the Internet, the performing arts etc). Support for the scrutinising role of the media can help vitalise democracy. This also applies to human rights defenders and alliances of stakeholder groups such as environment movements, religious communities, women’s rights organisations, trade unions, student organisations and small business organisations. The vitalisation of public institutions at national and local level, including national and municipal auditing bodies, parliamentary committees reviewing national budgets, tax authorities, bureaus of statistics and anti-corruption authorities may be of paramount importance in breaking through the stagnation, assuming that they are not manipulated by those actually in power. Initiatives emphasising local research, opinion-making activities and public debate should be given priority, along with the economic and political participation and influence of women and young people. 26 P olic y fo r democ r atic de v elopment and h u man r i g h ts in S w edis h de v elopment coope r ation , 2 0 1 0 – 2 0 1 4 4 4 Implementation This policy applies to Sweden’s bilateral and multilateral aid and serves as a guide for Sweden’s positions in the EU. The following section outlines those aspects that are crucial both for ensuring operationalisation of the policy in Swedish development cooperation – in for instance strategies, programmes and dialogues – and for ensuring that the resources are used effectively and in a focused manner. 4.1 Analysis and assessment It is vital to be aware both of underlying power relations and of what incentives or obstacles exist when seeking to reduce poverty and encourage reform via properly implemented development policies. Where required, therefore, power and actor analyses are to be undertaken, preferably as part of a contextspecific poverty analysis. Such analyses do not necessarily have to be performed by Sweden. Existing surveys and analyses of a topical nature are to be used as far as possible, where relevant. Power and actor analyses make clear the formal and informal relationships and power structures that exist between the individual and the state, between women and men, and between different groups in society. The aim is for these analyses to help identify drivers of democratic change and processes that Sweden can support, and also to provide a basis for the development of cooperation strategies. The analyses should address underlying structural factors that may affect the prospects for successful democratisation, such as the level of economic development, identity-based dividing lines within the country, historical experience of political diversity, and conditions for a free cultural life. Power and actor analyses may be carried out at national, regional or local level, or focus on a specific sector, as a basis for a cooperation strategy, in preparing specific programmes or for the purpose of identifying the dialogue issues that Sweden should focus on. Where possible, analyses performed by or in the partner country are to be used. Sweden must exercise particular care and consideration where sensitive situations are involved. In seeking to gauge the degree of democratic development and the extent to which people are able to assert their human rights in partner countries in Eastern Europe and the Western Balkans, Sweden should take account of the data in the European Commission’s annual reports and progress reports. P olic y fo r democ r atic de v elopment and h u man r i g h ts in S w edis h de v elopment coope r ation , 2 0 1 0 – 2 0 1 4 27 4.2 Implementation of the rights perspective Working with an integrated rights perspective means focusing not only on the results achieved but also on the process of reform implementation. A fundamental starting point is the analysis of any failure to respect human rights and of what the basic causes of this shortcoming may be. Application of this perspective necessitates both careful attention to power structures and a proper understanding of them. A rights perspective, therefore, helps us to understand how laws, social norms, values, traditions and institutions affect people positively and negatively. Reports and recommendations from the seven monitoring bodies in the UN system2, as well as the recommendations to governments contained in the Universal Periodic Review (UPR) reports, are to be used in preparing the analysis. These bodies monitor how individual states live up to their human rights obligations. Issues requiring closer analysis may also be identified in connection with the bilateral and multilateral dialogue on the developing countries’ own strategies and plans for poverty reduction. Lessons learned from previous development cooperation efforts are also relevant. In its development work, Sweden should draw on successful efforts in the past that have led to improvements such as greater actual participation on the part of individuals and civil society actors and a greater awareness of human rights, democracy and gender equality. In seeking to secure a breakthrough for the rights perspective, Sweden should, as part of its global advocacy work, deepen cooperation with relevant UN bodies and other international organisations, share its experience more specifically within the EU community, press ahead with its work in the OECD/DAC and its coordinating efforts there on the subject of democratic governance and human rights, and also support the World Bank in its efforts to encourage the observance of human rights. Sweden should at all levels make use of the expertise that international civil society organisations possess concerning human rights and the rights perspective. Sweden must also make use of regional processes and of reports and 3 The Human Rights Committee, the Committee on Economic, Social and Cultural Rights, the Committee on the Rights of Persons with Disabilities, the Committee on the Elimination of Racial Discrimination, the Committee on the Elimination of Discrimination against Women, the Committee Against Torture, and the Committee on the Rights of the Child. 28 P olic y fo r democ r atic de v elopment and h u man r i g h ts in S w edis h de v elopment coope r ation , 2 0 1 0 – 2 0 1 4 4 recommendations from regional human rights instruments as a basis for intensified cooperation on this perspective. Both intergovernmental cooperation and cooperation with civil society must be deepened in the regional context to ensure that the rights perspective has a greater impact. As part of its bilateral development cooperation effort, Sweden is to emphasise democracy and rights issues in its dialogue with partner countries (on budget support, sectoral programmes and operational funding), and thereby help strengthen capacity for both central government reporting and civil society’s shadow reporting to the UN monitoring bodies. Sweden is also to support the preparation and implementation of national action plans for human rights and strengthen synergies between capacitybuilding assistance to organisations active at global, regional and national level. A complex reality with many different actors necessitates flexibility and expertise in the application of the rights perspective. The level of ambition must be realistic. To fully exploit the potential inherent in a stronger rights perspective, clearly defined and conspicuous leadership will be required, along with incentives, adequate resources and skills. Further requirements are method and dialogue support, process and performance indicators, unequivocal management by results, and a greater focus on the reporting of lessons learned from past experience. P olic y fo r democ r atic de v elopment and h u man r i g h ts in S w edis h de v elopment coope r ation , 2 0 1 0 – 2 0 1 4 29 4.3 Forms of cooperation Programme-based approaches Programme-based approaches are to be sought, e.g. via joint donor support for the reform of institutions and via core and activity support to civil society organisations. Further scope for strategic project support may be justified where the political situation in the country concerned requires it, even if the activity is not cost-effective or staff-intensive. It may be justified, for instance, where special measures are needed to further democratisation and freedom of expression by strengthening drivers of change and making it easier for them to obtain and disseminate information and opinions, and also where action is needed to reduce oppression of various kinds. Whatever the form of cooperation involved, the rights perspective is to be applied. Capacity building Capacity building is an important instrument for achieving sustainable results when seeking to support democracy and respect for human rights. It is to be supported within the framework both of programme-based approaches and of other aid forms, such as inter-agency cooperation. The development of capacity in institutions guaranteeing democracy and the rule of law (e.g. public administration, election commissions, party systems and the justice system) is to be given priority. This includes parliament’s legislative, representative, conflict management and watchdog functions, and ombudsmen, national human rights commissions and civil society organisations. Where demand exists, and where benefits are to be had, Sweden is to facilitate institutional and organisational cooperation between Swedish public authorities and organisations and their counterparts in partner countries, especially in the public administration sphere. Experience shows that such cooperation is particularly useful for boosting capacity and for raising the level of technical expertise in the partner country. It is important to create the means for Swedish actors to apply the principles of aid effectiveness, not least by enhancing knowledge about them. Sweden must ensure that its cooperation efforts are in line with its partners’ priorities and work cycles, and are also coordinated with those of other donors as far as possible. Swedish actors are 30 P olic y fo r democ r atic de v elopment and h u man r i g h ts in S w edis h de v elopment coope r ation , 2 0 1 0 – 2 0 1 4 4 to be encouraged to make use of the partner country’s regular system for the monitoring and reporting of progress and results. Dialogue Democracy support is a part of foreign policy and foreign policy is a part of democracy support. The two parts are interdependent and must therefore be an integrated and mutually supportive whole, as reflected in the Council conclusions on Democracy Support in the EU’s External Relations Council meeting in Brussels on 17 November 2009.3 Sweden will seek to ensure that these conclusions are implemented. Dialogue is to be pursued in existing forums, together with other governments and development actors. Proceeding from the three focus areas, Sweden will give priority in the dialogue to those core issues to which it can add value as a result of its special skills in the field, its previous involvement, or its ability and ambition to exercise global political leadership. Neither actual political obstacles nor a lack of political priorities can be solved ‘technically’ through reform processes. Consequently, a dialogue strategy should be drawn up at country and regional level. It should embrace the global, regional and local level and seek to ensure that efforts at these levels are mutually reinforcing. The local level is often the most sensitive, requiring a sound grasp of the state’s and the public authorities’ obligations and commitments. For the dialogue to be effective, special skills in dealing with democracy and human rights issues will be required. The local context, clearly defined goals for desired change, an analysis of obstacles and opportunities, alliance-building capacity and a long-term commitment should all be included in the strategy. In this dialogue, public diplomacy may also be an effective tool in seeking to bring about a constructive dialogue on the prime objective, i.e. democratic development and greater respect for human rights. Council conclusions on Democracy Support in the EU’s External Relations Council meeting, Brussels, 17 November 2009. 4 P olic y fo r democ r atic de v elopment and h u man r i g h ts in S w edis h de v elopment coope r ation , 2 0 1 0 – 2 0 1 4 31 4.4 Aid effectiveness and goal fulfilment Support for democratisation development and human rights must comply with the principles of aid effectiveness and goal fulfilment set out in the Paris Declaration and Accra Agenda for Action if development cooperation is to succeed. Broader ownership in the countries’ reform work is a priority. In contributing to the overall policy objective, Sweden will lay special emphasis on: – democratic ownership. If sustainable results are to be achieved in the development cooperation effort, the country’s rulers must have a sense of ownership. Political ownership must in turn be supplemented by broader democratic ownership. Democratically elected bodies, civil society actors, universities and the private sector should be brought into the preparation, implementation and evaluation of development strategies to a greater extent, so that the interests of all individuals are made clear and their voices heard. – adapting to the partner country’s systems. In supporting the institutions and procedures of democracy and the rule of law, Sweden should primarily use national systems. Parliament and elected assemblies at local level, along with civil society actors, are of key importance in this respect. – harmonisation and strategic alliances. Democracy and human rights are to be given prominence in joint donor approaches, for instance when undertaking joint analyses, country visits, evaluations and dialogues with strategic partners. – stronger focus on results and effects. The quality of results is to be assured by identifying which groups and which human rights benefit from development. – mutual responsibility and accountability. The partner country’s commitment to greater openness and transparency, aimed at facilitating parliamentary checks and controls, should be emphasised. Civil society has a key role to play in this respect. Parliament, auditing agencies and civil society organisations etc should have an opportunity to be a part of the planning and follow-up of national reform programmes. 32 P olic y f ö r demo k r atis k u t v ec k lin g oc h m ä ns k li g a r ätti g h ete r inom s v ens k t u t v ec k lin g ssama r bete 2 0 1 0 – 2 0 1 4 5 Division of roles and responsibilities Cooperation between a wide range of actors in Sweden, in the partner countries, regionally and globally, is crucial to the successful implementation of this policy. These actors include individual governments and intergovernmental organisations, civil society organisations – including the labour market partners and culture-creating constellations – and private businesses, universities and the media. The division of roles and responsibilities, however, varies between actors. The Swedish International Development Cooperation Agency (Sida) is responsible for policy implementation in the case of both geographical cooperation strategies and non-geographical strategies. At global level, the Swedish Government Offices (Ministry for Foreign Affairs) is responsible for basic budgetary support to and cooperation with multilateral bodies, including UN organisations. The present policy is intended as an aid in developing Swedish positions in the policy development, operational planning and follow-up activities of the multilateral organisations. Sida has an important supplementary role in that it contributes experience gained from bilateral and regional development cooperation and from the multilateral aid sphere. In the implementation process, Sweden is to seek complementarity with the European Commission’s thematic and geographical programmes. P olic y fo r democ r atic de v elopment and h u man r i g h ts in S w edis h de v elopment coope r ation , 2 0 1 0 – 2 0 1 4 33 6 Follow-up Swedish support for democracy and human rights is to be followed up as follows: (a) Sida is to undertake performance analyses relating to democratic development and human rights in connection with its reviews and followups of geographical and non-geographical strategies where activities centring on these issues represent a key part, (b) During the strategy period, the outcome of the Swedish support programme targeting democracy and human rights is to be evaluated. This evaluation is to focus on the democracy and human rights objectives specified in the strategies that govern the activities covered by the evaluation, and also on the objectives and standpoints described in the present policy. If possible, the evaluation is to be carried out in collaboration with other donors. (c) A mid-term review of policy implementation under relevant strategies is to be completed by 2013 at the latest. The Government further intends to keep a close watch on the progress of activities in support of democratic development, based on relevant academic research, other thematic analyses, and follow-ups and evaluations undertaken by the aid management system, by Swedish civil society organisations and by and together with other donors. 34 P olic y f ö r demo k r atis k u t v ec k lin g oc h m ä ns k li g a r ätti g h ete r inom s v ens k t u t v ec k lin g ssama r bete 2 0 1 0 – 2 0 1 4 The policy for democratic development and human rights is based on the objective of the Swedish international development cooperation, to help create opportunities that will enable poor people to improve their conditions of life, and the Government´s policy for global development, with the overall goal to contribute to equitable and sustainable development.
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