08.03.2014 Views

Multipart thematic paper on multi-stakeholder ... - ISIS Europe

Multipart thematic paper on multi-stakeholder ... - ISIS Europe

Multipart thematic paper on multi-stakeholder ... - ISIS Europe

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

instituti<strong>on</strong>s and actors. If <strong>on</strong>e sector of society aband<strong>on</strong>s corrupti<strong>on</strong>, arbitrariness, and violence and submits<br />

itself to the rule of law, but other groups do not, than the groups that obey the rule of law will be at a<br />

comparative disadvantage to those that do not in terms of achieving their goals, because they will have<br />

willingly curtailed their range of possible acti<strong>on</strong>s. Rule of law will <strong>on</strong>ly occur when enough parts of a society<br />

are committed to upholding and enforcing it so that the advantages of lawbreaking are lost. Rule of law<br />

therefore requires a holistic transformati<strong>on</strong> of society, <strong>on</strong>e that involves changes in not just instituti<strong>on</strong>s but<br />

also attitudes and ways of thinking am<strong>on</strong>g both officials and ordinary citizens. Adding to all of the<br />

difficulties of rule-of law promoti<strong>on</strong> is the fact that no <strong>on</strong>e has a clear idea of what a nati<strong>on</strong> under the rule of<br />

law ought to look like (Carothers 2003: 7). Nor can any<strong>on</strong>e be certain, given the example of nati<strong>on</strong>s like<br />

China, that rule of law is necessary for ec<strong>on</strong>omic development or even the establishment of democracy<br />

(Carothers 2003: 6).<br />

Yet despite these difficulties, the rule of law remains <strong>on</strong>e of the chief c<strong>on</strong>cerns of the good<br />

governance movement in post-c<strong>on</strong>flict setting. It is also emphasized by organizati<strong>on</strong>s that give a large<br />

amount of developmental assistance, which want to ensure that their investments in ec<strong>on</strong>omic development<br />

are not squandered by bad management, corrupti<strong>on</strong>, and disrespect for law and instituti<strong>on</strong>s. The hope is that,<br />

by focusing <strong>on</strong> all of the separate elements of the rule of law, such as transparency in government, str<strong>on</strong>g<br />

judicial instituti<strong>on</strong>s, and a populace educated about the importance of fairness and justice, the rule of law can<br />

eventually be achieved.<br />

MSPs are an example of a way that internati<strong>on</strong>al organizati<strong>on</strong>s have attempted to minimize the effect<br />

of corrupti<strong>on</strong> and the lack of rule of law <strong>on</strong> their work. In theory, MSPs are a good way of redefining the<br />

principle-agent relati<strong>on</strong>ship that normally exists between internati<strong>on</strong>al organizati<strong>on</strong>s, NGOs, and<br />

governments. All groups are actively involved in running the partnership; ideally all groups, therefore, have<br />

access to the same informati<strong>on</strong> about how tasks are assigned and funds are distributed. Corrupti<strong>on</strong> becomes<br />

harder to c<strong>on</strong>ceal, because the informati<strong>on</strong> gap between d<strong>on</strong>or and agent is narrowed.<br />

Another theoretical advantage of MSPs is that, unlike most other internati<strong>on</strong>al efforts, which involve<br />

temporary, ad hoc programs and grants, MSPs are instituti<strong>on</strong>alized to a certain degree. An instituti<strong>on</strong>alized<br />

partnership, unlike an ad hoc program, requires a clearly-defined set of norms, expectati<strong>on</strong>s, and<br />

resp<strong>on</strong>sibilities in order to functi<strong>on</strong>. Instituti<strong>on</strong>alized efforts will be much more effective than a temporary<br />

effort at c<strong>on</strong>straining actors’ activities and keeping them within defined roles, and will therefore help<br />

promote the rule of law, at least in the c<strong>on</strong>text of the MSP’s activities.<br />

For MSPs to be successful at eliminating corrupti<strong>on</strong>, they must above all have instruments in place to<br />

ensure that informati<strong>on</strong> is adequately shared between different partners, and that all partners and actors are<br />

accountable to the regulati<strong>on</strong>s and standards of the partnership.<br />

59

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!