scholarly journals The role of records management in ensuring good governance in Africa

2020 ◽  
Vol 53 ◽  
pp. 103-123
Author(s):  
Olefhile Mosweu ◽  
Donald Rakemane
Keyword(s):  
Rule Of Law ◽  
Management Practices ◽  
Good Governance ◽  
Records Management ◽  
Access To Information ◽  
African Countries ◽  
The Rule Of Law ◽  
Economic Practices ◽  
African Context

Proper records management is central to the promotion of good governance. Africa is a continent which has generally been riddled with poor governance. Principles of good governance such as accountability, transparency and the rule of law are ascertained with available records. Poor records management practices promote bad economic practices such as corruption and fraud. An assessment of the performance of government can thus be realised through proper records management and access to information. Good records management practices therefore lead to good governance and vice versa; thus, the role of records management in promoting good governance cannot be overemphasised. However, there are some likely impediments that may hinder the promotion of good governance through records management in the African context. This paper explored the role played by records management in ensuring good governance in Africa. It then suggests strategies to promote good governance through proper records management practices. The paper contends that outdated archival laws, backlog of unprocessed records and absence of access to information laws in some African countries are the major impediments to the promotion of good governance. The paper recommends an amendment of outdated laws and the promulgation of access to information legislation as major initiatives, among others, which put records management in the forefront of promoting good governance in the continent.

Roundtable of Heads of Government of Commonwealth Africa on Democracy and Good Governance in Africa

1997 ◽  
Vol 41 (2) ◽  
pp. 250-252
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Good Governance ◽  
African Countries ◽  
The Rule Of Law ◽  
History Of ◽  
Heads Of Government ◽  
Opposition Parties

In the Harare Commonwealth Declaration of 1991, Commonwealth Heads of Government committed themselves to the promotion of democracy and human rights, the rule of law, the independence of the judiciary, and just and honest government. They also agreed that the promotion of democracy, democratic processes and institutions would proceed in a manner which reflected national circumstances. This Roundtable provided Commonwealth African leaders with a forum in which to discuss their respective experiences of democratization since the 1991 Declaration and was a ground-breaking exercise, having no precedent in the history of the Commonwealth or any other comparable institution. In preparation for the Roundtable itself, representatives of both governing and opposition parties from 18 Commonwealth African countries met and agreed the following Report which seeks to crystallize the aspirations of the Harare Declaration.

scholarly journals THE COMMONWEALTH PRINCIPLES (LATIMER HOUSE) ON THE RELATIONSHIP BETWEEN THE THREE BRANCHES OF GOVERNMENT: TWENTY YEARS ON

2019 ◽  
Vol 30 (2) ◽  
pp. 101-119
Author(s):  
Peter Slinn ◽  
Karen Brewer
Keyword(s):  
Rule Of Law ◽  
Future Development ◽  
Good Governance ◽  
Good Practice ◽  
The Rule Of Law ◽  
Twentieth Anniversary ◽  
Specific Implementation ◽  
The Relationship ◽  
Heads Of Government

2018 marks the twentieth anniversary of the Latimer House ‘process’ which commenced with the drafting of the Latimer House Guidelines for the Commonwealth on Good Practice Governing Relations between the Executive, Parliament and the Judiciary. Since then the Latimer House Guidelines have been transformed into the Commonwealth Principles (Latimer House) on the Relationship between the Three Branches of Government which have been endorsed by Commonwealth Heads of Government on several occasions. This article assesses the role of the Latimer House process over the last two decades against the background of the Commonwealth’s evolving commitments to good governance and the rule of law. In Part 1 explores the role of the Commonwealth in supporting good governance and the rule of law whilst Part 2 considers and evaluates the Latimer House process itself. Part 3 reviews the development of the Commonwealth Principles in practice whilst in Part 4 some specific implementation issues concerning the Judiciary are discussed. Part 5 considers the future development of the Commonwealth Principles whilst Part 6 provides a conclusion and overview.

scholarly journals Access to remedy in transnational development projects: the need for effective and comprehensive remedy ecosystems

2021 ◽  
Vol 17 (1) ◽  
pp. 136-144
Author(s):  
Martijn Scheltema
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Indigenous Rights ◽  
Access To Justice ◽  
Development Projects ◽  
Special Issue ◽  
The Rule Of Law ◽  
General Stability ◽  
Democratic Systems

It is observed in the Introduction of this special issue that the rule of law has been an integral part of the development of democratic systems of government in national states and features powerfully within contemporary ‘good-governance’ promotion in the Global South by development financial institutions (DFIs). However, the rule of law is predominantly used to emphasise the importance of stability of contract and protection of property in connection with transnational development projects (TDPs) and does not so much focus on the general stability of (e.g. indigenous) rights, access to justice and fairness. Thus, it is important to deviate from a narrow interpretation of the rule of law and include the role of all types of actors in safeguarding this rule of law.

Governance quality and economic growth in Sub-Saharan Africa: the dynamic panel model

2022 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Amsalu Bedemo Beyene
Keyword(s):  
Economic Growth ◽  
Rule Of Law ◽  
African Countries ◽  
Content Type ◽  
Government Effectiveness ◽  
The Rule Of Law ◽  
Governance Quality ◽  
Sub Saharan ◽  
The Government

PurposeThe main objective of this article is to analyze the role of governance quality in influencing the economic growth of 22 selected Sub-Saharan African Countries.Design/methodology/approachThe study applied the panel dynamic Generalized Method of Moments (GMM) to analyze the data obtained from the World Bank database over the period from 2002 to 2020.FindingsThe overall finding indicated that the composite governance index has a positive significant effect on the economic growth of the countries; where a unit improvement in the aggregate governance index leads to a 3.05% increase in GDP. The disaggregated result has shown that corruption control and government effectiveness have a negative significant effect on growth performance, whereas, the rule of law and regulatory quality showed a positive significant effect. Political stability and voice and accountability have an insignificant effect on economic growth.Research limitations/implicationsDue to data limitations, this study could not address the whole members of Sub Sahara African Countries and could not see the causal relationship.Practical implicationsThe study suggested a strong commitment to the implementation of policy and reform measures on all governance factors. This may add to the need to devise participatory corruption control mechanisms; to closely look at the proper implementation of policies and reforms that constitute the government effectiveness factors, and properly implement the rule of law at all levels of the government with a strong commitment to realizing it so that citizens at all levels can have full confidence in and abide by the rules of society.Originality/valueEven though there are some studies conducted using conventional methods of panel data analysis such as random effect or fixed effects, this empirical study used more advanced panel dynamic generalized moment of methods to examine the role of improvement in governance quality on economic growth.

scholarly journals The grabbed state: lawyers, politics and public land in Kenya

2012 ◽  
Vol 50 (3) ◽  
pp. 467-492 ◽  
Author(s):  
Ambreena Manji
Keyword(s):  
International Development ◽  
Rule Of Law ◽  
Good Governance ◽  
Legal Profession ◽  
Development Aid ◽  
Public Land ◽  
The Rule Of Law ◽  
Land Grab ◽  
International Development Aid

ABSTRACTIn 2002, Kenya's new National Rainbow Coalition (NARC) undertook to investigate and ensure the recovery of all public lands illegally allocated by the outgoing government. A Commission of Inquiry into the Illegal and Irregular Allocation of Public Land, chaired by the lawyer Paul Ndung'u, was appointed. The commission's report sets out the illegal land awards made to powerful individuals and families, provides important information about the mechanisms by which public land was misallocated, and shows how the doctrine that public land should be administered and allocated ‘in the public interest’ was consistently perverted. This paper explores what the Ndung'u report tells us about the role of the legal profession in the illegal and irregular misallocation of public land. It makes clear that the legal profession, far from upholding the rule of law, has played a central role in land corruption, using its professional skills and networks to accumulate personal wealth for itself and others. This stands in contrast to the role of the legal profession in promoting good governance and the rule of law envisaged by donors of international development aid. This paper focuses on ‘local’ land grabbing, and argues that the ‘global land grab’ or ‘investor rush’ needs to be understood alongside local manifestations of land privatisation.

The ethical challenges of implementing counterterrorism measures and the role of the OSCE

2009 ◽  
Vol 20 (2) ◽  
pp. 123-132
Author(s):  
Steven Westervelt ◽  
Bibi van Ginkel
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Rule Of Law ◽  
Security Council ◽  
Good Governance ◽  
Ethical Challenges ◽  
Regional Organizations ◽  
The Rule Of Law ◽  
Moral High Ground

AbstractThe United Nations established a counterterrorism mechanism in the form of the Counterterrorism Committee when it adopted Security Council Resolution 1373 (2001). The Committee has so far worked with regional organizations and individual states in capacity building efforts to augment local counterterrorism abilities. However, ethical bottlenecks remain. The problem of ethics arises when laws lack legitimacy regarding criminality and state power and when they diverge from the rule of law and good governance. Regional organizations are keenly placed to ensure that states adopt legitimate counterterrorism measures, thus avoiding ethical bottlenecks. By working with states to maintain the moral high ground, regional organizations such as the OSCE can prevent unnecessary compromises between human rights and security.

scholarly journals The Implications of Good Governance of Village Government Office in Sidoarjo

2019 ◽  
Vol 10 (3) ◽  
pp. 147-158
Author(s):  
Rita Ambarwati ◽  
Affandy Winarko Mudjib ◽  
Fita Fitria Lestariana ◽  
Gogor Arif Handiwibowo
Keyword(s):  
Rule Of Law ◽  
Public Service ◽  
Structural Equation ◽  
Good Governance ◽  
Simple Random Sampling ◽  
Equation Modeling ◽  
The Rule Of Law ◽  
Village Government ◽  
Practical Implications

This research examined determinant factors of good governance of a village government office in Sidoarjo. This research used a survey and a cross-section through a questionnaire as the data collection. The unit of analysis was the citizen who worked as a state civil apparatus and had used public services in a village government office. To determine the sample, the researchers used a simple random sampling. The data were analyzed using Structural Equation Modeling (SEM). The results show that the rule of law and responsiveness are dominant indicators to form good governance. However, transparency and good commitment are less dominant indicators in forming good governance. The practical implications of this research are useful for the local government as they need to increase the role of good governance in improving public service performance, especially for village service.

DEKADENSI PEMILIHAN HAKIM AGUNG OLEH DPR RI

2020 ◽  
Vol 14 (1) ◽  
pp. 73-104
Author(s):  
Rustam Magun Pikahulan
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
House Of Representatives ◽  
Good Governance ◽  
Constitutional Court ◽  
Due Diligence ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Institutional Status ◽  
The Government

Abstract: The Plato's conception of the rule of law states that good governance is based on good law. The organization also spreads to the world of Supreme Court justices, the election caused a decadence to the institutional status of the House of Representatives as a people's representative in the government whose implementation was not in line with the decision of the Constitutional Court. Based on the decision of the Constitutional Court No.27/PUU-XI/2013 explains that the House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only approve or disapprove candidates for Supreme Court Justices that have been submitted by the Judicial Commission. In addition, the proportion of proposed Supreme Court Justices from the judicial commission to the House of Representatives (DPR) has changed, whereas previously the Judicial Commission had to propose 3 (three) of each vacancy for the Justices, now it is only one of each vacant for Supreme Court Judges. by the Supreme Court. The House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only "approve" or "disagree" the Supreme Judge candidates nominated by the Judicial Commission.

Reaktualisasi Proses Penyidikan oleh Kepolisian Berbasis Nilai-Nilai Pancasila dan Optimalisasi Pemanfaatan Teknologi

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1737
Author(s):  
Ira Alia Maerani
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Public Prosecutor ◽  
Public Confidence ◽  
The Rule Of Law ◽  
Positive Law ◽  
Use Of Technology ◽  
The Times

Abstract                Indonesian Criminal Justice System consists of the police, public prosecutor and the courts. The role of the police investigators is certainly vital as the frontline in building public confidence in the rule of law in Indonesia. The role of the investigator is quite important in realizing society’s  justice. The era of globalization requires a pattern fast-paced, instant, measurable, and transparent of life and it requires investigators to follow the times by optimizing the use of technology. The aim of this study is to give effect to the rule of law in Indonesia that provides fairness, expediency and certainty. However, it considers to have priority of Pancasila values in the process of inquiry and investigation. The values of supreme divinity, God (religious), humanity, unity, democracy and justice are values that establish a balance (harmony) in enforcing the law. Law and its implementation can create product which meets the demands for social justice. This paper will examine the role of the investigator according to positive law currently in force as well as the role of investigator in implementing the values of Pancasila, accompanied by optimizing the use of technology. Keywords: Re-actualizing, Investigation, Police, values of Pancasila, Technology   AbstrakSistem Peradilan Pidana Indonesia meliputi institusi kepolisian, kejaksaan, dan pengadilan. Peran penyidik dalam institusi kepolisian tentunya amat vital sebagai garda terdepan dalam membangun kepercayaan masyarakat terhadap penegakan hukum di Indonesia. Peran penyidik amat besar dalam terwujudnya keadilan di masyarakat. Era globalisasi yang menuntut pola kehidupan yang serba cepat, instan, terukur, dan transparan menuntut penyidik untuk mengikuti perkembangan zaman dengan mengoptimalkan pemanfaatan teknologi. Tujuannya adalah untuk memberikan arti bagi penegakan hukum di Indonesia yakni memberikan keadilan, kemanfaatan, dan kepastian. Namun yang harus diperhatikan adalah mengutamakan nilai-nilai Pancasila dalam melakukan proses penyelidikan dan penyidikan. Nilai-nilai ketuhanan yang maha esa (religius), kemanusiaan, persatuan, kerakyatan dan keadilan merupakan nilai-nilai yang membangun keseimbangan (harmoni) dalam menegakkan hukum. Sehingga produk hukum dan pelaksanaannya memenuhi rasa keadilan masyarakat. Tulisan ini akan mengkaji tentang peran penyidik menurut hukum positif yang saat ini berlaku serta peran penyidik dalam mengimplementasikan  nilai-nilai Pancasila dengan diiringi optimalisasi pemanfaatan teknologi.Kata Kunci: Reaktualisasi,Penyidikan,Kepolisian,Nilai-nilai Pancasila,Teknologi

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