Downer Speech: Human Rights

Address by The Hon Alexander Downer MP, Minister for Foreign Affairs at the DFAT/NGO Human Rights Consultations, Canberra, 27 August 1997

Promoting Good Governance and Human Rights through the Aid Program

Introduction

I am pleased to participate again in this forum on Human Rights.

This is a significant week in Australia's foreign policy. Tomorrow I will be tabling Australia's first ever White Paper on Foreign and Trade Policy. This will set out, clearly and comprehensively, the Government's approach to these important areas of policy.

An important issue in the White Paper is human rights. It is one of those issues that differentiates this Government from its predecessor: our over-riding objective is to make a practical difference, not merely to posture for domestic purposes. A prime example of this approach is that Australia has just completed its first ever government to government human rights dialogue with China, which covered a range of topics and practical initiatives that would simply not have been possible in a confrontational relationship.

Today, in advance of the White Paper, I want to outline a practical framework for the Government's approach to the international promotion of human rights and good governance through the aid program. In presenting this framework, I want to outline the principles on which we base our human rights activism, the tasks we set ourselves and the specific elements we must address. I also wish to take the opportunity this morning to announce one important new initiative.

Role of good governance in promoting human rights and sustainable development

Let me begin with governance. Good governance fundamentally underpins poverty reduction. And that, of course, has a direct relationship to human rights.

Good governance means the effective management of a country's resources in a manner that is open, transparent, accountable, equitable and responsive to people's needs. The rule of law; transparency, accountability and effectiveness of public sector management; and an active civil society are all essential components of good governance.

This issue of governance is now widely regarded as one of the key ingredients for poverty reduction and sustainable development. I have spoken previously on the economic aspects of good governance. In my speech of 12 June I emphasised that sound fiscal, monetary and trade policies are needed to create an enabling environment for poverty reduction and sustainable development.

This is of course directly relevant to human rights. Sound economic management and sustainable use of resources to increase prosperity are critical to the protection of economic and social rights. Economic development is not, however, the full story. It is just one element in the Government's overall human rights framework.

There are vital linkages between governance, sustainable development and civil and political rights. Good governance creates the environment in which civil and political rights are respected and promoted. At the same time, the exercise of civil and political rights through participatory processes is essential to the achievement of sustainable development because it helps to ensure government accountability and effectiveness.

Because of these close interlinkages, action in any one area of human rights has a positive reinforcing effect on other dimensions of human rights. I think this really reflects the indivisibility of all human rights.

Developing countries often lack the institutional capacities and resources, in both government and civil society, to ensure that these important linkages are made and maintained. This is where the aid program can play a valuable role. Under this government, the aid program has increased, and will further increase, its support for practical measures aimed at building good governance and human rights.

The question, therefore, is what role aid can play in the promotion of human rights. To answer this, we must look at three factors which are necessary to ensure their adequate protection:

In the first place, governments need to be accountable for their actions and their performance. Without such accountability, governments face no pressure to meet reasonable standards of governance and to ensure that an acceptable standard of human rights is maintained.

Second, there needs to be an effectively functioning civil society, with genuine participation in democratic processes and broader economic and social development, including the involvement and protection of the most vulnerable.

Third, governments need the institutional capacity to provide effective services and maintain a sound enabling environment for the protection of human rights.

The achievement of accountability, participation, and effective institutions is not easy. They require a considerable range of technical expertise, skills and commitment of resources. Aid can play an important role in providing these inputs.

I want now to look at how this can be done and what Australia is doing to ensure that the aid program plays a full and effective role in support of our other foreign policy instruments to protect human rights.

Accountability

Ensuring the accountability of government involves first of all creating the conditions which will allow for open expression of views, free dissemination of information, a fair electoral process and adequate checks and balances to protect the rights of all groups, including minorities. This includes appropriate safeguards in the form of independent means to call governments to account, especially through a fair and effective legal system. There is no off-the-shelf approach which suits all needs. Each country has its own requirements which must be accommodated.

Development of a comprehensive legal framework which enshrines essential freedoms, the protection of human rights and the legitimacy of government through the consent of the people, offers the most certain way of establishing these conditions.

Aid can play an important role, by providing technical assistance in the form of legal and drafting advice. Australia has played a key role in several cases.

Following the work of the Fiji Constitutional Review Commission and a Fiji Parliamentary Select Committee, Australia provided a skilled legislative drafter to assist in preparing Fiji's new basic law. The new Constitution, which has now been signed into law, includes a Bill of Rights which outlaws racial discrimination, and guarantees human rights such as freedom of speech and freedom of association.

The rule of law is essential to the effective functioning of society and the economy. A predictable legal environment with an independent and effective judiciary is vital for democratisation, good governance and the protection of human rights.

Aid can play an important role by providing assistance to improve and reinforce the legal, judicial and law enforcement systems.

For instance, in the Pacific, Australia is helping to develop a coordinated program for training judges, magistrates and government officials involved in the judicial system.

Through the work of a major Australian NGO, we are also assisting the Palestinian Authority to build an effective judiciary and a just police force, by means such as training, legislative drafting, and public education on legal issues.

In Papua New Guinea, Australia is supporting major programs of assistance to the police force and the correctional services. Another program is planned to provide assistance across the legal and judicial sector, including strengthening the effectiveness of the ombudsman's commission.

The importance of accountability for human rights standards can be especially crucial in conflict situations. Through the aid program, the Government makes an ongoing contribution to the work of the International Committee of the Red Cross in East Timor. This includes monitoring the conditions of political prisoners and disseminating information about international humanitarian law, for instance through training sessions with military and police officers. I have recently agreed to provide a further $300,000 for this work, matching last year's contribution.

Participation

The second key area where the Australian aid program provides assistance is in the strengthening of participation and democratic processes. This includes ensuring the protection and participation of vulnerable groups.

Electoral and Parliamentary processes are often the most visible aspect of participation. In many parts of the developing world, there has been a significant growth in the demand for assistance in these areas.

In the Pacific, AusAID is cooperating with the Australian Electoral Commission in the organisation of a conference of South Pacific Electoral Administrators from 22 countries. The conference will be held in Fiji in October this year. It aims to establish a network which will encourage information exchange and the development of strategies to address common electoral problems facing South Pacific countries. This project is being undertaken in cooperation with International IDEA, the International Institute for Democracy and Electoral Assistance, of which Australia is a founding member.

The aid program has often contracted the Australian Electoral Commission to help run elections in newly emerging democracies. Last year, for example, it provided significant technical support for the presidential and parliamentary elections in Uganda. It is continuing to support the Ugandan Electoral Commission, three of whose members visited Australia on a study tour in March this year. Similarly, support is being provided to the Electoral Institute of South Africa on a range of issues including evaluation of the recent local government elections.

Of course, the best of constitutions and the fairest of legal and electoral systems will by themselves assure nothing if the people do not have the capability to use them effectively. Democracy, as we all know - I more than many of you - does not begin and end with an election.

A vigorous civil society is central. So are the rule of law and human rights. An active civil society helps to keep governments honest. It also helps to bring community views to the attention of the government.

A free press is a crucial ingredient of civil society.

An example of Australia's aid in this area includes the Pacific Media Training Project which supports South Pacific regional media bodies to upgrade media production and management skills in the region.

In South Africa, assistance has been provided to enhance the standard of electronic media, both in the South African Broadcasting Corporation and also at the grassroots by strengthening the emerging community radio sector.

Through the provision of equipment, the aid program has also helped Radio Bougainville return to air. The station plays a vital role in the distribution of news, information, and educational material to the Bougainville population.

Active community groups and people's participation in economic and social development are key elements of civil society. They can play a valuable role in bringing governments closer to the people.

Since the late 1980s the number of non government organisations (NGOs) operating in parts of Africa and Asia has almost doubled. Australia's aid support for NGO activities makes a substantial contribution to the building of civil society in developing countries.

Through AusAID's NGO Cooperation Program, projects are being funded which aim to conquer the barrier of illiteracy for adults, particularly women, through small-scale community-based activities in several Asian and African countries. This gives them a better chance of real participation in decision-making.

Community groups also provide crucial protection to vulnerable groups where government services are inadequate. Assistance to the most vulnerable individuals in society, including children, is a crucial part of building genuine participation.

For instance, the aid program supports projects to assist extremely vulnerable children such as child labourers and street children, especially girls, in countries including Burma, Cambodia, Senegal, India and Bangladesh.

By supporting the protection and assistance work of local NGOs, we can contribute significantly to a heightened awareness within developing countries of good governance and human rights.

In East Timor the Indonesian NGO "ELSAM" (Institute for Policy Research and Advocacy) has been funded to provide community-based legal advice on a range of issues including land administration, indigenous rights and village government law.

The aid program has also recently supported a project managed by the Bangkok-based NGO "Child Rights AsiaNet" to help establish a mechanism for cooperation between concerned government and non-government agencies in the Mekong Region towards prevention of trafficking in children.

Aid projects which involve women and address their particular needs can be powerful agents for change. For example, Australia is helping to strengthen the Fiji Women's Crisis Centre, a local NGO. As well as addressing the issue of violence against women, the project is also working to enhance women's capacity to participate in all aspects of social and economic life.

By promoting participatory development through AusAID's bilateral projects, the aid program further deepens democratic processes. A key factor in the sustainability and ultimate success of aid projects is the participation of affected communities in the planning and implementation of activities. Participation is promoted not only for reasons of equity but also to ensure that aid will be effective. These consultative processes are especially important to ensure communities are not disadvantaged by proposed development activities.

Gender awareness is another important aspect of aid planning. Gender equality is an integral part of universal human rights and is an important development goal in itself. In March this year, the Government adopted a revised Gender and Development aid policy to promote equal opportunities for women and men as participants and beneficiaries of development. This policy strengthens the Australian aid program's focus on the equal participation of women and men in development activities.

Institutional strengthening

The third key area to which I have directed the Australian aid effort is the improvement of public sector management through programs of institutional strengthening. Well-functioning bureaucracies help to promote growth and sustainable development. Many low-income countries, however, have been unable to create even the most rudimentary rule-based civil service.

Under this Government, Australia's aid program is increasing its role in strengthening a wide range of public sector institutions.

For example, in South Africa, Australia is helping to build public sector capacity in areas of education, statistics, telecommunications, health, housing policy, constitutional development, and water resources.

Improving public sector management is also a major focus of Australia's assistance to the Pacific islands, especially through the regional Policy and Management Reform Fund, which has received additional funding under this Government.

Another example of institutional strengthening in the Pacific is a five year $7 million project to help transform the role of the Samoan Treasury Department. The Department will become a key player and manager of public sector reform, especially through a new focus on performance.

A major project involving seven cities in the Philippines aims to improve the capacity of local government to provide essential infrastructure and basic services to the 2.3 million people who inhabit the target cities. It focuses on building appropriate skills among the city administrators and planners.

One area within which aid can make a significant difference is in addressing corruption. People have a right to expect fair and equal treatment. Corruption takes away this right. Transparency and due process in public sector institutions can provide an effective counter to corruption which distorts priorities and leads to inequity.

Another important aspect of the aid program's role in institutional strengthening is in encouraging the development of independent institutions to monitor standards of human rights adherence.

In recent years many developing countries have established human rights commissions and ombudsman-type institutions. Such bodies can play a key role in monitoring the human rights performance of governments and provide a check on arbitrary, unfair actions by the State.

The Coalition Government has given particular emphasis to support for the establishment and strengthening of human rights institutions. We are proud to be associated with the establishment of the Asia-Pacific Forum of National Human Rights Institutions. Funding is being provided to the Human Rights and Equal Opportunity Commission (HREOC) to provide the Secretariat for the Forum.

A senior delegation from Indonesia's National Commission on Human Rights visited Australia in June, under the Forum's aegis, to gain experience of Australia's human rights institutions.

The aid program is also helping HREOC to support the new Sri Lankan Human Rights Commission. Next month, HREOC will visit Sri Lanka and, among other things, participate in a seminar with local NGOs to consider how best they can utilise the new Commission.

The aid program also supports the United Nations Centre for Human Rights in Geneva in its valuable efforts to strengthen human rights institutions in a large number of developing countries.

The recent decision by the government of Papua New Guinea to set up an independent human rights commission arises partly from this work of the UN Centre for Human Rights. AusAID has agreed to provide additional funds to support the commission's establishment.

In an exciting development in Vietnam, Australia's aid program is assisting the newly founded National Centre for Human Rights Research within the Ho Chi Minh Political Academy with the establishment of a library and the provision of two training courses in international human rights law. The first of these courses took place in Hanoi during May this year. The second, more intensive course included visits to Australian human rights agencies. When I visited the Centre in July, I was delighted to hear that all parties felt the projects had been very successful.

Dialogue and conditionality

There is an assumption underlying much of the strategy I have so far outlined. It assumes a willingness on the part of partner governments to accept assistance. Unfortunately, it is those countries where the standard of human rights is worst that are most likely to resist efforts to improve the situation.

In some cases, persistent and private policy dialogue, linked with practical assistance, can bring results. In other cases, more direct pressure may be required. Conditionality in aid has to be used carefully since it can jeopardise the welfare of the poorest and, depending on the circumstances, may have little impact on the attitude of the government concerned.

In approaching these complex issues, this Government takes those actions which we assess as likely to have the greatest chance of improving human rights in a practical and tangible way.

For example, in Burma, where we provide no government-to-government assistance because of the human rights record of the regime, we try to do what we can to address humanitarian needs, in particular those of marginalised ethnic groups in Burma who have borne a disproportionate share of the regime's human rights abuses.

The Centre for Democratic Institutions

Today, I want to announce another initiative which gives practical effect to the Government's commitment to good governance and human rights.

I am pleased now to announce the establishment of the Centre for Democratic Institutions (CDI). I promised this initiative in the last election. Today I am fulfilling this promise.

The establishment of such a Centre, devoted to the provision of practical support for the consolidation of democratic institutions in countries where democratic structures are still evolving or are yet to emerge, now seems particularly timely. It exemplifies the cooperation rather than the conflict model of promoting human rights - and it will be the domestic flagship of our approach to good governance.

A total of up to $5 million will be set aside from the aid program to support the establishment of the CDI in its first five years of operation. This money will fund the CDI's core business, which will be the design and delivery of short, intensive programs on a wide range of democratic processes. It will also fund applied research.

The aim of the CDI will not be to promote any particular democratic model. It will focus on the common elements - consent, legitimacy, and accountability - which are vital to democratic processes.

The focus of CDI training programs will be on electoral, parliamentary and judicial procedures and the processes by which broader society, notably the media and community groups, can contribute to democratic decision-making. In some cases this will include secondments to relevant Australian organisations.

Training participants will include parliamentarians, senior administrators and others who are influential in a country's governance. Participants will be drawn not only from the institutions of government but also from broader civil society including, for example, representatives of the media, community groups and NGOs.

I hope the core support from the Australian Government will be supplemented over time by funding from other sources. It is also open to the CDI to win additional funding from the aid program by bidding for bilateral aid projects in its field of expertise. The CDI will also be able to bid for projects funded by other international aid organisations.

The host organisation for the CDI will be selected through a process of competitive tender, to be advertised this weekend in the national press. The tender process will be open to Australian universities or consortia led by a university, which are able to provide the profile and institutional back-up, as well as the independence and non-partisan approach, vital to the Centre's success.

I want to stress that regardless of which university is chosen to host the CDI, I expect the Centre to draw its expertise from sources outside the host body, so that participants in CDI programs have access to the optimal range of learning experiences that Australia can offer. This will include the involvement of key agencies such as HREOC and the Australian Electoral Commission.

I place great importance on effective leadership for the CDI. For this reason, the position of Director will be advertised separately, once the host institution has been selected. A suitable candidate will then be recommended by a panel including representation from the host institution.

To reinforce its impartiality, the Centre will be guided by an advisory board which will focus on strategic directions for the Centre, review its work plan and achievements, and encourage support from the private sector. I will be choosing the board after the tender process for the host institution has been completed. It will include representatives from key government and non-government organisations interested in the promotion of human rights and democracy.

Links with other activities of the Australian Government

I have quite deliberately focussed my remarks today on human rights, good governance and the aid program. There is of course, a range of international human rights activity undertaken by the Australian Government which I have not covered today. I would need a similar length of time, and another speech, to do it justice. But there is one other aspect of our human rights work - and this too has an aid dimension - which I mentioned earlier, and that is the bilateral human rights dialogue with China.

The dialogue agreed between Justice Minister Xiao Yang and myself in April marks a substantial and very welcome new development in our relationship with China. The inaugural human rights talks were held in Beijing a little over a week ago and went very well, reflecting the evident commitment of both sides to move the relationship forward. The dialogue will continue on a regular basis.

Agreement was reached for AusAID to start a program of technical cooperation aimed at addressing China's needs in the promotion and protection of human rights. $300,000 was set aside in this year's aid Budget for this purpose. The discussion of this technical assistance brought out the importance of strengthening China's capacity for the promotion and protection of human rights - central elements of the Government's human rights policy.

Conclusion

Before concluding, I want to pay tribute to the role that NGOs play in support of our human rights efforts. Many of the examples I have given, especially with regard to enhancing civil society, involve a crucial role for NGOs.

My final message is that it is all too easy to pay lip service to support for human rights internationally. The Coalition Government is not interested in grandstanding. Rather, it seeks effective outcomes for its efforts. What I have outlined today represents a common sense approach. It uses elements of persuasion, support and, where necessary, pressure, based on our assessment of what is possible and what is most effective. It avoids what is unrealistic and what is likely to be counterproductive.

While human rights remain at risk, our own values are compromised and international stability is jeopardised. The protection of human rights, to promote the dignity of the individual, is too important to be a matter for symbolic gestures alone. It is through the pursuit of practical and effective efforts to promote human rights that we show our real commitment. This is what the Australian Government intends to deliver.