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Sovereignty in an interconnected world: Germany and the Lisbon Treaty
End of June 2009 the German Constitutional Court came to a decision on the complaints filed against the enabling laws passed by the German Parliament for the Lisbon Treaty, which seeks to clarify and reorder competencies, simplify instruments, strengthen transparency, democracy and efficiency within the European Union (EU), and prepare the ground for a constitution for the European Citizen.
The plaintiffs were concerned that the Bundestag had ceded essential sovereign rights to the EU with too limited possibilities to exercise control over their use by her organs, that the Treaty created the possibility for the EU to determine and expand her own competencies independent of agreement by members states, and that a weak legitimacy of the European institutions undermined the democratic principles of personal freedom and equality of the individual citizens as these could not anymore directly exercise their right of democratic self-determination and control over bodies that affect their constitutional order.
In its judgment (BVerfG 2BvE 2/08 vom 30.6.2009, Absatz 1-421, available in German and English
) the Court rejected most of these concerns but required the German Parliament to review the way that the enabling law will ensure that its rights of participation in agreeing to changes to the Treaty, and national level implementation of EU decisions are fulfilled (paragraph 406 ff.) on an ongoing basis. In particular the Court requires the German Parliament to ensure effective integration of rights and responsibilities in the context of a country’s insertion in supranational and international co-operations and structures in a dynamic way through its legislative process (paragraph 411).
It based its decision on an extensive analysis of the way state sovereignty and democratic participation can be interpreted in the context of an interconnected world. Legitimising the agreement of the Parliament to the Lisbon Treaty as such, the Court emphasises that the German Constitution explicitly and aims for the realisation of an individual state’s sovereignty in the context of an often conflict ridden world, and international relations based on freedom and governed by international law. “[…] sovereign statehood stands for a pacified area and the order guaranteed therein on the basis of individual freedom and collective self-determination. The state is neither a myth nor an end in itself but the historically grown and globally recognised form of organisation of a viable political community.” (paragraph 224)
With its judgment the Court stresses that democratic accountability in international relations has to be ensured through citizens’ rights of democratic self-determination and participation. These have to be guaranteed in the process of developing and agreeing international treaties and their continuous implementation in national level legislation. At the same time, the Court is clear that this focus on the rights of citizens in a national context must not lead to a self-sufficient and isolating understanding of state sovereignty. Nation states can be sovereign only in a constructive and rules based relationship with others which aims for a state of peace and respect for rights and freedoms of the individual.
Michael Hammer, Executive Director
mhammer@oneworldtrust.org
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Recent Publications Impact of Counter-Terrorism Objectives on Democratization and Statebuilding in Afghanistan
Brendan Whitty has co-authored an article on ‘The Impact of Counter-Terrorism Objectives on Democratization and Statebuilding in Afghanistan’ for the Taiwanese Journal of Democracy. This article explores how the democratization and statebuilding objectives in Afghanistan were affected by the invasion of 2001 and the counter-terrorism objectives adopted by the United States. It outlines the current challenges facing the democratic institutions of Afghanistan and its supporting international actors, including a growing insurgency, a lack of accountability and widespread corruption, and declining legitimacy among the wider Afghan polity.
It reviews the background to these challenges, focusing on the pursuit of the Taliban and al Qa’eda under the War on Terror, and the consequences for the wider statebuilding effort: reempowered regional warlords, institutions of state shaped into a highly centralized system dependent on international support, the exclusion of key factions within society, and a resulting unstable political settlement. It is part of a volume that reflects research done as part of a research project coordinated at the Freie Universitaet Berlin in which Brendan Whitty participated for the One World Trust in 2008.
Accountability of transnational actors: is there scope for cross-sector principles?
The book "Non-state actors as standard setters" has recently been published by Cambridge University Press and features an article by the One World Trust on the "accountability of transnational actors: is there scope for cross-sector principles?". The book offers an analysis of ‘globalised’ standard-setting processes and draws together insights from law, political sciences, sociology and social anthropology to assess the authority and accountability of non-state actors and the legitimacy and effectiveness of the processes.
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Project newsGlobal Accountability Report
The first workshop in the Global Accountability methodology review was held on the 23rd September in Geneva. It was a well attended event with participants from a number of organisations attending, including UNHCR, IOM, WHO, WIPO, World Vision International IFRC, Care International and ILO. The next workshop in the review process will be held in London on 2nd October, followed by one in Washington, D.C on 22nd October.
Accountability Principles for Research Organisations (APRO)
As part of the ongoing research project into Accountability of Research Organisations, the team proposes to create an online resource which will collect and link to tools which might help a research organisation structure its accountability. We would like to invite opinions on our idea for this resource: an accountability reference site, ideally eventually driven by user-generated content, which would present existing tools and resources from various relevant fields (evaluation, participation, research quality, research standards, etc). To identify the needs of our audience, a survey and online forum
invite your opinions on what an online resource should look like. We would encourage all researchers to provide their input.
The APRO team is pleased to announce that in the course of Phase 2, it will be working with the following partners:
- the Center for Governance and Development (CGD), Nairobi, Kenya is a policy research and advocacy not-for-profit organisation working to institutionalise democratic culture and promote democratic governance and sustainable development;
- the Center for the Implementation of Public Policies Promoting Equity and Growth (CIPPEC), Buenes Aires, Argentina is a private, non-profit organisation that strives to create a more just, democratic, and efficient State in Argentina to improve the quality of life for all Argentine citizens;
- Co-operation for Peace and Unity Afghanistan (CPAU), Kabul, Afghanistan is an Afghan not-for-profit research think-tank and an institution working for the promotion of knowledge and awareness of peace, social justice and human rights;
- ForestAction, Kathmandu, Nepal is a Non-Governmental Organisation in the field of natural resource management, environmental governance and livelihoods;
- Habitat for Humanity, (Latin American and Caribbean) San Jose, Costa Rica and Recife, Brazil, is a nongovernmental, non-profit organisation which promotes community development through housing solutions, including through influencing policy;
- Centro Latinamericano para el Desarrollo Rural (RIMISP) Santiago, Chile, is a regional non-profit organisation whose goal is to promote organisational learning and innovation in public and private policies, projects and programmes, in ways that advance social inclusion, equity, well-being and vibrant democracies in Latin American rural societies.
More on phase 2 of the APRO project can be found on our webpage.
The APRO team is also delighted to introduce four experts, who have agreed to provide their experience and knowledge to the project as members of an advisory group. These are:
- Goran Buldioski, Programme Director of the Open Society Institute Think Tank Fund;
- Anabel Cruz, Founder Director of the Communication and Development Institute and Chair of CIVICUS' Board;
- Harry Jones, Research Officer in the Overseas Development Institute's Research into Policy and Development Department;
- Dr Stella Ladi, Lecturer in the Department of Politics and History, Panteion University, Athens and an Honorary Research Fellow at the Politics Department, University of Sheffield.
One World Trust welcomed new staff
Syed Alam joined OWT in August 2009 and is responsible in managing the finance of the trust. He had previously worked as a Senior Financial Analyst in CLP (a DfID Programme) and a Financial Analyst in the telecom sector. He is a qualified management accountant with experience in financial management and implementation of financial systems in international development projects. He holds an associate membership with the Chartered Institute of Management Accountants (CIMA).
Jeannet Lingán joined the Trust in August 2009 to work on the accountability of civil society organisations. Previously, she has worked in social research for non-profit organisations such as Oxfam America's South American Regional Office and on research projects led by the University of Manchester on issues of environmental governance within the extractive industries sector, transnational advocacy and social movements. She has published as an author and co-author in different books and journals in Latin America and the UK including World Development, and a forthcoming book on global civil activism. She holds a BA in Sociology from the Catholic University of Peru and an MSc in Environment and Development from the London School of Economics.
One World trust welcomed new interns
Philippe Fournier holds a PhD in International Relations from the London School of Economics and a Masters degree in International Relations from Kings College, London. His research interests include critical theory, postructuralism and contemporary American ideologies. He has previously worked with CIPRODEH (Centro de Investigación y Promoción de los Derechos Humanos), a research and advocacy organisation based in Tegulcigalpa, Honduras. Philippe will contribute to the APRO project.
Tom Palmer recently completed an MA in Conflict Security and Development from Kings College London, pursued jointly with an internship at the Palestine Solidarity Campaign. Previously he worked for Right To Play, an international sport for development charity, as communications assistant and administrator in both their UK and Jordan offices. At the One World Trust, Tom will contribute to our work on civil society self-regulation initiatives.
Virginia Lopez Calvo earned an MSc in Development from London South Bank University. She has previously worked as research assistant and campaigner, for Women Living Under Muslim Law and Friends of the Earth. At the Trust, she will contribute to the Global Accountability Report methodology review and to research related to our self-regulatory initiatives project.
James Peet recently completed an MSc at University College London researching environmental governance with a focus on climate change policy. Previous to this, he received an undergraduate degree in Geography, whilst also working as a research assistant and in environmental consultancy. Currently, he is working part time on a climate change project with the Zoological Society of London, to produce policy documents for the climate change conference in Copenhagen. Whilst at the One World Trust, James will be contributing to our work on the accountability of climate change governance.
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Accountability in practiceThe Code of Good Practice for NGOs Responding to HIV/AIDS
The rapid increase of organisations involved in HIV-related programmes in the last twenty years has threatened to fragment efforts around the HIV/AIDS agenda. For this reason, in 2003, NGOs from around the globe decided that there was a need to support and strengthen commitment to the quality of the NGO response to HIV/AIDS. Over the next year, the Code of Good Practice for NGOs Responding to HIV/AIDS was developed in order to provide a shared vision of good practice principles to which NGOs can commit and be held accountable. The process was overseen by a steering committee of 16 organisations and involved extensive consultation with a wide range of organisations including development agencies; HIV/AIDS specialist groups; networks of people living with HIV; sexual and reproductive health initiatives and faith based organisations.
The Code sets down guiding principles which apply a human rights approach to the range of HIV/AIDS-specific health, development and humanitarian work. The Code also includes organisational and programming principles addressing such issues as governance, research, service delivery, programmes and advocacy work. Signatories endorse the code on one of three tiered levels: endorsement, implementation and championing. This approach enables participating NGOs to work towards operationalising the Code based on their capacities and also enables NGOs whose work touches only partially on HIV/AIDS response to be engaged in best practice.
The first level has 325 signatories; there are 48 on the second level and 24 Champion NGOs. The Secretariat also provides support for organisations seeking to move from endorsing level support to implementing or champion level.
More information at www.hivcode.org
To find out about other civil society self-regulation initiatives please visit: www.oneworldtrust.org/csoproject/
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Accountability newsTaiwanese self-regulation alliance launches website to ensure transparency of disaster relief aid
A collection of Taiwanese civil society organisations, known as the NPO Self Regulation Alliance, have set up a website dedicated to ensuring transparency in the use of donations for relief and reconstruction in the aftermath of Typhoon Morakot. The website will serve as a platform for public scrutiny into the disbursement and delivery of all donations. A number of alliance members have already agreed to post information on the site and it is hoped that non-members will soon follow suit.
It is intended that the website, created in collaboration with lawyer and accountant associations, will include all private and government fundraising bodies and ensure that every penny donated is spent under public supervision. Cheng Hsin-chen, president of the Alliance has called upon non-affiliated organizations, such as World Vision Taiwan, and all government agencies that have opened bank accounts to receive donations to post information related to their Morakot programmes on the site.
Analytical Report on the General Assembly Debate on the Responsibility to Protect
The Global Centre for the Responsibility to Protect (R2P) has released a report assessing the landmark debate that took place at the United Nations General Assembly in July. Based on the statements made during the plenary debate, the report highlights the main themes raised in the course of the debate: areas of consensus; areas of concern and specific measures that should be taken to prevent mass atrocities crimes. It also provides a regional perspective on the debate. Overall, states agreed to move forward on the R2P issue. Indeed, the General Assembly adopted by consensus a resolution
on the R2P that notes “with appreciation” the report of the Secretary-General and agrees to hold further discussions on this issue.
Report on IMF Governance Reform by the Fourth Pillar CSO consultation process published
The New Rules for Global Finance Coalition published on 3 September the Report on IMF Governance Reform
resulting from the so called Fourth Pillar CSO consultation process. It summarizes input and comments received from more than 120 contributors from civil society and experts in the community of practice working on and with reference to the IMF in form of submissions, through a set of global videoconferences, and lessons drawn from key literature in the field, including submissions and publications by the One World Trust. The report identifies accountability as a central element for continuing IMF governance reform, and identifies areas and recommendations for continuing reform. The Fourth Pillar consultations, undertaken upon request of the IMF, complement three other 'pillars' of consultation on IMF governance reform including the IMF Independent Evaluation Office report on IMF Governance (IEO, 2008); the report of a Committee of the Board, headed by Mr. Thomas Moser, Executive
Director representing the Constituency of Switzerland (Board Working Group, 2008); and the report of the Committee of Eminent Persons on IMF Governance Reform chaired by Mr. Trevor Manuel, then Finance Minister of South Africa (Manuel, 2009).
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