From Activism to Governance

 From  Activism to Governance

 Second Edition

 Towards developing basic and practical micro level approaches for rebuilding
governance and communities in conflict or post conflict zones

 IN FRIENDSHIP FROM CANADA

Acknowledgements.

 The author acknowledges with sincere thanks, the advice, contribution and support
of Joanne Mantha of Ottawa, in the production of this book.

 About the author  Paul Maillet is the owner and president of the Paul Maillet CENTER FOR ETHICS, a company that specializes in applications of business and public sector ethics.  Paul is formerly of the Board of Directors for the Ethics Practitioners Association of Canada (EPAC).  He is on the University of Ottawa Educator’s Honour Roll for ethics in governance teaching at the MBA level.   Paul is a retired military Colonel, with 33 years experience in the Canadian Department of National Defense  and served for four years as the Director of Defense Ethics. Paul has extensive experience in applications of organizational ethics, involving project work in governance strengthening, ethics and values framework development and implementation, internal disclosure mechanisms development, controlling corruption, and ethics training.  This has involved work with numerous Canadian federal departments, First Nation communities, and international projects. Paul is also a peace envoy of the Civilian Peace Services Canada and involved in peace building and strengthening governance and communities in conflict or post conflict zones

 8 September 2011

 © Copyright by Paul Maillet,  All rights reserved. Ottawa, Ontario, Canada

No part of this book may be reproduced for profit  in any form or by electronic of mechanical means, including information storage or
retrieval systems, without permission in writing from the author, except by reviewers who may quote brief passages in a review.

  In the cause of peace, this book is freely given for use in conflict zones or post conflict
zones. It may be freely reproduced and freely distributed as a not-for-sale publication.

 Paul Maillet Center for ethics

Tel: 1-613-841-9216  Email: pmaillet @ magma.ca

Ethics – Web: http://paulmailletethics.wordpress.com

Peace Initiative – Web: https://paulmailletpeacemaker.wordpress.com

 Contents

Creating a beginning..

Building Governance..

An Interim Constitution..

A Shared Vision..

Communicating with each other.

Practicing Non-Violent Communication..

Conduct of Meetings..

Avoiding conflict of interest.

Programs, Projects and Policy Development.

Community Development.

Peace and Security – National Level.

Peace and Security – Community or Tribal Level.

Reconciliation and Justice..

Rule of law…

Dealing with Corruption..

Practicing Non Violent Activism….

Beyond the Beginning..

Partnerships, Assistance and the Way Forward..

Appendix A – Approaches to Corruption Prevention..

Appendix B – Universal Declaration of Human Rights..

Appendix C – Laws of Armed Conflict and Codes of Peace Operations

Appendix D – Ethics in Governance Strategic Principles..

Creating a Beginning

“We believe that honesty, compassion, respect, non-violence and doing the right thing, is the
best of how we define human existence for ourselves, and our people.”

Following civil unrest, activism, revolution or conflict, the task of building good governance is often overwhelming.  The initial task is one of  transforming groups from activists to politicians, where instead of confrontation and protest, the task is now of finding solutions and governing for all people.   In this environment, ambitions of power, self interest, corruption, and old tribal disputes may reemerge, and an absence of law enforcement and a presence of an armed population may make this undertaking very dangerous.

The first small steps are to consider micro democracy improvements, micro security projects,   micro economic development, and the political and social development at the group, council, tribe or community levels. this may be about how we form community or neighbourhood councils, or even how we run meetings and make decisions.   This is also about efforts to control corruption, strengthening integrity, and respecting culture and diversity. It is about reconciliation and the relief of suffering.

This book is aimed at helping the working level of groups and councils with little or no experience in governance development.  The focus is on simplicity.

This book is designed to provide a ready to use summary of the basics of good governance. This book is written in the format of resolutions designed to begin the process of introducing the nature of policy development and government decision making. In using this book please be aware that applications may be different depending on whether needs relate to national, community or tribal governance.  There is no particular order for applying the material provided.  Start where you need to start.

This is only the beginning of the beginning.  The book is best used in the dialogue and accompaniment of experienced persons.   If you  wish any further information or assistance, please do not hesitate to contact me.

Paul Maillet

Building Governance

 Whereas we define governance is about the many ways and means we choose to manage our collective affairs.

Whereas we believe that governance is about people who come together with shared purposes, and together build a future that they can be proud to leave their children

It is resolved that we will build a governance capacity that prioritizes:

  •  Working to improve and protect human rights.
  •  The ethic of care for others.  To give priority for caring and protecting the most vulnerable, suffering and disadvantaged among us.
  •  Respect for the principle of justice and the rule of law.
  •  Good decision making that balances laws and rules, maximizing good consequences and minimizing bad one, the care of others and our values.
  •  Working to build strong communities that are safe, and socially, economically and politically healthy.
  •   Social responsibility in our decisions and activities which encompasses:
  •   Integrity in government;
  •  Societal benefit;
  •  Environmental responsibility;
  •  Economic sustainability;
  •  Participative democracy.

An Interim Constitution

Preamble.  A constitution may have many definitions such as; “The fundamental law, written or unwritten, that establishes the character of a government by defining the basic principles to which a society must conform; by describing the organization of the government and regulation, distribution, and limitations on the functions of different government departments; and by prescribing the extent and manner of the exercise of its sovereign powers.  A legislative charter by which a government or group derives its authority to act.”

Whereas countries, following civil unrest, conflict or revolution, require a constitution to guide in governance development and law making.

Whereas we believe that we are part of the global family and that guidance is not only available in existing international conventions, but also in the social, religious and cultural values and traditions we cherish.

It is therefore resolved that the UN declaration of Human Rights be considered to guide decision-making and policy development until the current constitution is updated or revised, or a new constitution developed.

This UN declaration is summarized in Appendix B.

A Shared Vision

 Whereas we believe it important to establish a shared reason of why we are meeting, given the understanding that we all bring different purposes and needs.

Whereas we cannot do everything, but can however undertake a direction that has hope for our children and the next generation.

It is therefore resolved that we build governance and communities on the principle of “direction, engagement and results”, one project at a time.

It is therefore resolved that, in this conflict or post conflict situation, a shared and realistic direction includes:

  •  Creating a shared future that is secure, hopeful and healthy.
  • Creating shared values of non-violence, caring for each other, dignity, truth and wellbeing.
  •  Making decisions and agreements based on shared values and needs.
  •  Building healthy relationships
  • Making a difference for the better
  • Sharing what we know.
  • Learning from each other
  • Working together

It is also resolved that the foundational elements of peace and good governance are effective meetings, constructive language, ethical decisions and actionable activity.

It is also resolved that meeting decisions be able to be translated into policies, projects, programs or specific activities which have a reasonable
prospect of achieving results and sustainable outcomes.

Communicating with each other

 Whereas effective communication and relationships are the foundation of good governance.

It is therefore resolved that communication in our meetings and relationships will respect the following principles:

  • We commit to non-violent communication.
    We commit to being objective, open minded and to learning.
  • We commit to agreement on shared purposes.
  •  We commit to a shared understanding of values.
  •  We commit to a shared understanding of issues and needs and why we are here.
  •  We commit to meetings and dialogue governed by good order and discipline.  We commit to action and accountability.

It is also resolved that these principles should be interpreted as follows:

We commit to non-violent communication.  This means stating facts without attribution, feelings, needs, and requests or constructive comments.

We commit to being objective, open minded and to learning.  A session on NVC ideas and techniques, or Board procedure, is a good place to start. The understanding that governance is about decision making regarding finances and resources, laws, rules, policies and strategies, and program development and oversight.

We commit to agreement on shared purposes.  We all bring our purposes to the meeting and must find consensus. Perhaps the
purpose if peace ie, non-violence, security and wellbeing is a start.

We commit to a shared understanding of values.  This means knowing ourselves, our purposes, aspirations and sharing this with the group. As a minimum this means values of peace, non violence, honesty and respect.

We commit to a shared understanding of issues and needs and why we are here.  This means a shared vision of the relief of suffering, reduction of conflict, human rights, rebuilding communities and strengthening governance.

We commit to meetings and dialogue governed by good order and discipline.  This means agreement on: the agenda, respect
for the chair, impartiality of the chair, decision making that reflects consensus. Projects must have a reasonable prospect of success.  No interruptions. The right to be heard without fear of reprisals. Speaking in turn and equal time.  The use of respectful and non violent language.  Persons using such language will be asked to rephrase or have it done for them.   Create a record of decisions.

We commit to action and accountability.  This means we will do what we agree to.  Action will be program or projects based and involve a consensus of the willing. Those who do not agree do not have top participate in the project or program.

Practicing Non-Violent Communication

 Whereas we share a belief in shared values, the ethic of care for others, the relief of suffering, and the reduction of conflict, and that creating a language of non violent communication, and a language of peace is necessary to achieve good governance.

It is therefore resolved that we will encouraging and use language that respects the following principles and processes:

Principles

  •  Be responsible for your own feelings, words and actions. Do not assume that others feel the same way.
  • Do not attribute the feelings, words and actions of one to others.
  •  Make no demands, threats or blame.  Do not insist or force others to feel, think or act the way you want.
  •  Do not judge either yourself or others.
  •  Stay in the present and empathize with yourself and others. We are all connected by feelings and needs.

Process

  •  Observe:   State facts simply and without judgment.  (ie, This is what has happened…)
  • Feelings:   State your own feelings without blame or as caused by others. (ie, I feel very concerned. etc)
  •  Needs:   State your own need respectfully.  (ie, I need to be compassionate about this, to do or say something)
  • Request:   Make a suggestion or a request.  (ie, Are you able to help or do something about this?)

It is resolved that the meeting chairperson will insist on such language and those not respecting these requirements will be asked to rephrase their comments, or the chair can assist them in doing so.

Conduct of Meetings

 Whereas the absolute foundation of good governance is the ability to conduct effective meetings.

Whereas we believe that the purpose of governance, politics and meetings is to make ethical and socially responsible decisions.

It is also resolved that meetings should set an example of  democracy in action  and have ritual and predictability, an elected chair, an agenda, discussion, agreements or shared understanding, follow-up projects or programs, and public accountability.

It is also resolved decision making balances rules, consequences, the care for others, and shared values with a view to benefiting the people as a first priority.

 It is therefore resolved that meetings generally respect the following principles:

Welcome (Options: Ritual, opening remarks, blessing, poetry, reading of values, reading of meeting conduct or communication needs,
reminder of shared purpose.)

Joining the meeting (Each in turn – What do I hope to achieve today?  How do I feel in coming to this meeting?)

Agreements:  On the agenda, intention, conduct:

  • Should show respect for the chair or host.
  • Impartiality of the chair.
  • No interruptions.
  • Speaking in turn and equal time.
  • Should respect the right to be heard without fear of reprisals.
  • Should respect the use of respectful and non violent language.  Persons using such language will be asked to rephrase or have it done for them.
  • Decision making:  Should reflect consensus
  • Should lead to action that has a reasonable prospect of success.
  • Should be reflected in a record of decisions and action requirements.

Leaving the meeting (Each in turn – Am I satisfied with the meeting today?  What did I learn from this meeting?  What am I coming away with? What is one thing I can do different as a result of anything I have heard or learned today?)

Closing:  Setting date and time of next meeting.

It is also resolved that a process for decision making, conflict resolution and wrongdoing be developed and implemented.  Principles for consideration may include:

  •  That all present must commit to taking responsibility for the well being of the meeting.
  • That a healthy expression of differences of opinion is encouraged but in the case of obstructive, unethical or confrontative behavior, the chair reserves the right to call for a break, or a call to silence and reflection for a few minutes.
  • That in a group in which members are equal and without specific authority or power over any other, decision making and relationships must be collegial and by consensus.  This means that decisions, agreements and action activities must be the responsibility of a consensus of the willing.  Dissenting members will always reserve the right to not participate in decisions or activities that they disagree with.
  • That the group agrees on conflict of interest, complaint and review process, and consequences up to dismissal from the
    group.

Avoiding conflict of interest

 Preamble.  When acting in positions of public trust, we must seek to resolve dilemmas in the public interest. This even means acting to avoid possible perceptions of conflict of interest. This may mean putting self-interest aside at times.

 Whereas, a Conflict of Interest (COI) occurs when conflict arise between private interests and public duties or responsibilities. All public servants must seek to resolve COI, or perceptions of COI, in favor of the public interest, in order to maintain the integrity of themselves and the government organization they represent.

Whereas; conflict of interest may include risks related to: inappropriate asset holdings, the provision of insider access, preferential treatment, unfair advantage, self dealing, inappropriate acceptance gifts, benefits and hospitality, post employment, outside employment or interests, and inappropriate political activity.

 It is therefore resolved that all in a position of public trust are responsible for avoiding or managing real, potential or perceptions of conflict
of interest arising between their private interests and their duties in the government.

It is also resolved that the following policies apply to persons in positions of public trust.  They will:

  •  be responsible for disclosing in confidential reports any existing assets, holdings or relationships that could give rise to perceptions of
    conflict of interest; and together with the government acting to mitigate such perceptions.
  •  be responsible for disclosing any arising conflict of interest issues and acting to mitigate such issues.  At meetings this may involve declaring and excusing themselves from decisions that may involve conflict of interest.
  • avoid inappropriate self dealing or giving any person or organization any inappropriate preferential treatment, insider access or unfair advantage.
  • respect the limitations on accepting gifts, hospitality or other benefits from outside organizations or persons when acting as a public official.  Only small gifts of a cultural or promotional nature or occasional meals of nominal value may be accepted.  Such gifts, benefits or hospitality must be infrequent, in a business context and would not give rise to perceptions of conflict of interest.  Public servants should politely decline or seek advice if unsure.
  • understand the limitations set on post-employment, outside employment or outside activities which may give rise to perceptions of conflict of interest, and disclose such activity for advice.
  •  respect the limitations set on political activities and disclose such intentions for approval or mitigation. If you are a public servant and wish to run for elected office, you may be required to take a leave of absence from official duties.

Programs, Projects and Policy Development

 Whereas meeting decisions must be translated into programs policies or projects activity.

Whereas project requirements may be in the areas of Micro projects can be in the area of democracy, governance, economic, security, food production, microfinance, health, education, infrastructure development, advocacy, or fundraising.

It is therefore resolved that activity planning be developed according to the
following framework:

  • What is needed?
  • What can you do for yourselves? 
  • What do you need from others?

It is also resolved that project methodologies in particular community projects, respect the following principles:

  •  We commit to democracy to the extent possible.
  • Project leaders will be elected by the community.
  • Project activity will be totally transparent. Project plans, budgets and expenses will be approved at a community meeting.
  • Projects will practice community involvement in all significant decisions and project activity.  Decisions will be made by consensus.
  • Projects will practice accountability at public meetings.  All results, expenses and issues and successes will be discussed at a public meeting.

Community Development

 Preamble.  The strength of our country is in strong local communities.

Whereas many communities continue to suffer in poverty and the aftermath of conflict and have little economic, social wellbeing or political development.

It is therefore resolved that communities undertaking development activity consider the following in their initial development efforts:

  •  Creating a vision of what a healthy and balanced community should look like.
  • Building  a strong foundation  of human rights and human values
  • Building a value based governance structure
  • Building security and safety
  • Practicing non violent communication and dialogue
  • Dealing with corruption.  This means micro level anti corruption projects that build transparency and community inclusiveness in
    decisions that affect them.
  • Dealing with economic development at the micro projects level.
  • Dealing with ethnic, religious of cultural conflict.
  • Dealing with the inclusiveness and engagement of youth, women and elders.

It is also resolved that communities be encouraged to consider the following questions in their planning activities:

  •  What is needed?
  • What can we do for ourselves?
  • What do we need from others?

Peace and Security – National Level

 Preamble, One of the most important responsibilities of governance at the national level is the provision for peace and security for the people it
serves. This is usually accomplished by the establishment of judicial systems, military forces entrusted to “serve and protect” the people from external armed conflict, aggression, violence, criminality and violations of human rights.

Whereas we believe in non-violence, human rights and the care of others, we also believe in the right to self defense.

Whereas we believe that the ethic of care has at least equal weight, if not greater, to the ethic of justice in conflict situations.  We believe that the relief of suffering and the reduction of conflict are not given sufficient weight in global approaches to the use of force in armed conflict. We believe in the responsibility to protect.

Whereas with limited resources the defense peace and security of our country depends on the safety peace and security of the world.  The
primary defense principle will be a combination of national resources and mutual defense alliances with countries with which we share values.

It is also therefore resolved that we create a peace and security policy that respects a code of peace operations and laws of armed conflict. (See appendix C )

It is also therefore resolved that we create a department of peace that will provide:

  •  A capacity to conduct peace operations including protection of non combatants.
  • A capacity to provide aid to the civil power upon request. in such as natural disasters, floods, earthquakes, economic, drought, famine or other national crisis
  • A capacity for participation in peace making and peace building in such as UN operations.
  • A capacity to facilitate diplomatic talks and solutions.
  • A capacity to help rebuild communities in respect to governance, infrastructure, economic and social needs.

It is therefore resolved that we also create a supporting department of defense as a last resort, and subject to the all prior attempts by the department of peace:

  •  Provide a sense of the threat environment intelligence and sovereignty surveillance
  • Corresponding capacity for self defense and protection of sovereignty
  • Respond to civil unrest withy priority to non-violent and protection of the public and public property
  • To create and contribute to alliances and treaties for assistance in deterring aggression.

 Peace and Security – Community or Tribal Level

 Preamble, Also one of the most important responsibilities of governance at the community or tribal level is the provision for peace and security for the people it serves. This is usually accomplished by the establishment of systems of justice and police or peace officers that are entrusted to “serve and protect” the people from violence, criminality, unlawfulness, and violations of human rights.

In response to peace and security needs there is a natural predisposition of communities and neighborhoods to self organize in their own interests when external help is not available or not forthcoming. The CSO civil society groups,  neighborhood or community governing councils, often emerge on their own initiative and separate from central governments when needs arise.  The challenge is that they are constructive and represent the legitimate interests and human rights of the people and not of a criminal or insurgency nature.

Whereas we believe in non-violence, human rights, the care of others and the inherent right to be safe from harm.

Whereas we believe that strong communities must be safe and feel safe to prosper.

It is resolved that peace and security at the community or tribal level is best served by a combination of policing activity, community support and engagement.  This may be developed to include:

  •  A capacity to know who is in the community and some sense of an newcomer undesirable “motivations, capacities and intentions”.
  • A community that is all involved in welcoming people and inquiring as to their business.
  • The knowledge, and monitoring and control of weapons in the community. This may include measure for control, rules for safety and use, and prohibitions.
  • A common understanding of right and wrong, a framework of such as tradition, custom, shared beliefs, laws..
  • A community that will report strangers that are suspicious.
  • Community members that will not condone wrongdoing and act and report it when it occurs.
  • A peace officer group that prioritizes the service and protection of the people, building good community relationships, the ethic of care, and courtesy and respect.
  • Some capacity to have alliances and agreements, government contacts to share information and to call on external help when needed.
  • A community response to wrongdoing, criminality, insurgents or terrorists may
    include:
  •  A capacity for healing and reconciliation, rehabilitation methods before the use
    of punitive measures.
  •  A Capacity to respond in terms of detention and legal proceedings, designed not
    to punish but to protect the community.

Reconciliation and Justice

 Preamble: In the aftermath of conflict or civil unrest or civil war the issues of handling war criminals, criminals, ex combatants, opposition leadership, opposition senior government officials or loyalists often becomes a challenge, in particular if the country is suffered much injustice, violence and killing.  It is a reality that considerable pain and suffering may still exist that must be alleviated.

Whereas we accept the premise that the ethic of care supersedes the ethic of justice or at the very least the ethic of care must exist in balance with the ethic of justice.

Whereas we believe that in post conflict situations stopping the violence and caring for victims is a first priority.

Whereas we acknowledge the need for a balance of healing, reconciliation and justice in response to post conflict needs.  The risks for violence related to revenge, retribution, old feuds, hatred, and blame is very high in a well armed population in post conflict zones.

Whereas we understand that a clear understanding and foundation regarding conflict resolution and alternate dispute mechanisms are necessary to effective reconciliation activities.

It is resolved that at national level, onsideration be given to an amnesty program that defines which persons of roups of persons, and for which offenses or activities, will be granted amnesty.

It is resolved that for certain offenses, or roups of people alleged to have committed identified criminal and war criminal offences, be identified and apprehended for national or ICC judicial proceedings as appropriate.

It is further resolved that commissions at the national level, and trained facilitator groups at local or community  levels be established for the
purposes of reconciliation and healing.

It is resolved that reconciliation activities consider such principles as:

  •  An opportunity for the truth to be told, listened to, and taken seriously.
  •  An opportunity for all, including victims, transgressors and the community, to acknowledge the truth with compassion.
  • An opportunity for transgressors to apologize from the heart.
  • An opportunity for transgressors to offer or make any restitution as possible.
  • An opportunity for victims and the community to acknowledge the apology and offer forgiveness if possible at this time.
  • A spoken commitment by the community to work to restore the wellbeing of the community
    as a whole including rebuilding relationships, trust, belonging, harmony, wellbeing and functioning as a whole.
  • A commitment by the community to provide support, trauma care and livelihood care for victims to the maximum extent possible.
  • A requirement that all, victims, transgressors and the community, are all eventually satisfied with the outcome, and that all have a future in the community.
  •  A spoken expectation that we resolve to break the cycle of hate and violence here and now.  The community will be whole again and that we resolve to not transmit to our children any values of hate, revenge or violence against anyone, or any religion or group, related to this conflict, and that the values of respect, compassion, peace and forgiveness are how we wish to cherish for living a good life.

Rule of law

Preamble:  A relationship between ethics and law, is that laws are simply the codification of those ethics in areas of significant impact to society.    This means that ethical values have a primacy in governance systems and conduct. We make laws to regulate enforcement in those areas where we have an obligation to “serve and protect” our people. We do not make laws about everything.

Whereas we are a blend of religious, cultural and social values and understand that different societies are built on different values, such as Christian values, Islamic values, Buddhist values, Hindu values.  We understand that these values serve as a cherished foundation of our society and should guide us in the establishment of laws that respect human rights, peace, order and good government.

It is therefore resolved that specialist assistance and advice be sought in setting up judicial and lawmaking capacities suitable to the culture, ethics and values of the country, and in particular safeguarding the protection of human rights and the constitution of the country.

Dealing with Corruption

Whereas the problem of corruption is often serious in conflict zones and can easily undermine the best efforts to make simple progress to reconstitute governance or functioning communities.

Whereas corruption has many faces, from petty theft and graft, to systemic high level corruption, to the influences of organized crime.

It is therefore resolved that a balance between  compliance based  and value based approaches, a combination of enforcement of wrongdoing and helping good people do the right thing, is necessary to combat corruption.

It is also resolved that an ethics program or culture be developed to build integrity, in addition to corruption an enforcement programs. (See appendix D)  An effective ethics program can do much to control and influence those contemplating corrupt behaviour.

It is also resolved that World Bank and Transparency international approaches be give serious consideration in developing anti corruption approaches and policies.  (See appendix A).

Practicing Non Violent Activism

 Whereas most political parties have their roots in activism, and activists when successful need to be aware that their conduct must change to meet the needs of reform and political action, and  of finding and owning solutions, and being responsible for delivering change  in highly complex and sometimes near impossible conditions.

Whereas reducing poverty and economic development, strengthening justice and democracy is something a country must fight for every day.

Whereas we believe that activism, must have principles of conduct that advocate non-violent and peaceful approaches to protest and change, and be consistent with principles of peaceful conflict resolution.

 It is therefore resolved that persons involved in non-violent protest or activism respect the following principles:

Just Cause

  • Respect and speak the truth.  The cause must be just and non-trivial.
  • Know what you want to achieve?  Know the desired outcomes? Know what defines success?  Be realistic.
  • Protest is not necessarily the first step. Miracles and wishful thinking are not a substitute for hard work.  What else has been tried? Are there more constructive alternatives?  Have you considered dialogue, education or teaching moments?  Have you considered the creation of safe spaces for dialogue?
    What lines of communication do you have with those who you have differences?
  • All protest should be conducted in parallel with efforts at mediation, dialogue or negotiation. Cooperation gets you further than the exercise of power and adversarial relationships.  The cause of peace is an honorable venture.

Strong values

  •  Respect the values of non-violence and compassion. The ethic of care and the ethic of justice define us as human beings. Be a responsible and peaceful champion of humanitarian and human values.
  • Know yourself.  The highest identity possible is that of a responsible global citizen. Know your highest personal values and stand up for them, even in the heat of a protest that has gotten out of hand.

Non-violence

  •  Do no harm.  Do not condone wrongdoing in others.  Respect the rights and property of others.  Watch for highly emotive
    messages that are designed to incite anger, hate, or violence.  Watch for the assertion of unhealthy power by protest organizers.  Respect the law and the police.
  • Be responsible and accountable for the consequences of your actions, intended or unintended.  Know the possibilities.  Know the possible collateral damage.  Know and respect the rights of others. Have a strong organizing committee, who ensures that all activists understand these principles, how the protest will be conducted, and understand prohibited behaviors and what to do if they occur.

There are lines we cannot cross:

  • No violence! Do no harm!
  • No property damage!
  • Respect the rights of others!
  • Obey the law!
  • No racism!

Beyond the Beginning

We may not all be able to do the great things,  but we can always do the small things with great love. – Mother Teresa

This book represents just some of the possible basic governance needs of revolutionary councils struggling to make the transition from activist to politicians.  The list of additional governance functions at the national level is very large. The list at the community or tribal level
is based on their needs.

The next level of organizational ethics and governance needs may include:

  •  Organizational Statement of values:
    • In relation to the individual – Honesty Integrity.
    • In relation to Others – Respect,
    • In relation to Organization – competence, professionalism, dedication,
    • In relation to Client – lawfulness, quality, Conflict of interest COI,
    • In relation to Society – social responsibility.
  •  Ethics and values framework – Codes of ethics, codes of conduct,
  • Ethics Accountability framework: Executive Governance integration, Program implementation, Accountability activity.  Leadership Awareness, Risk management, Dialogue with subordinates.  Employee Conduct,  Voice and disclosure, manage relationships
  •  Ethics and leadership professional development training.
  • Ethical Decision making framework – that balances and respects:   Awareness  Facts, competing issues, possible harm,
    uncertainty, obligation.  Reflection  Balance rules, consequences, care and values.  Action Consult, decide, act, and be accountable.
  • Disclosure of wrongdoing and reprisal protection framework
  • Discipline framework – regarding harassment, abuse of power, violence prevention, criminal behavior
  • Gender wellbeing framework – rights, wellbeing and capacity
  • Youth wellbeing framework – opportunities for employment, participation in governance, self creation, education and work
    capacity.
  • Ethnic and religious harmony – Reconciliation, Integration (economic, social, political) and Well-being (dignity and care).
  • Public and media relations framework   – the provision of honest, open and transparent responses to the public and media, rumor
    control, Codes of ethics for journalism.
  • Policy development and planning processes –  Strategic planning, Economic development planning, Financial management planning, and Human resources procedures, education and training framework
  • Monitoring and measurement framework – creating the wellbeing index.

Partnerships, Assistance and the Way Forward

 “We exist at any moment as a wonderful collection of possibilities, and we only have to make good choices to do great things.”

It is realized that many complex issues and concepts, that are important to effective governance in the modern world, have been presented in this book.   It is realized that some assistance may be required in the development and implementation of the concepts raised in this document.  We would be pleased to assist in any way we can.

Given the tribal nature of many communities involved, the possibility exists with twinning Mideast communities with Canadian First Nations
communities of similar size, with a view to sharing experiences and knowledge.

As progress is made, more sophisticated applications may be considered.  If you feel any items need to be developed further or in more detail, please let us know.  If advice or new items are required, please let us know.

This book is only the minimum needed to start what will be a long road to good governance. The journey is long.  This book is designed to create a direction, for which hope is possible for future generations.

Succeeding editions of this book will expand the information provided.

 Appendix A – Approaches to Corruption Prevention

 World Bank Approaches

Strategies for tailoring anti-corruption activity to specific cultures and governance structures.

  • Gaining a foothold,
  • Building credibility
  • Enhancing sustainability.

Achieved by facing various challenges.

  •  Build redible leadership in an effective ethics framework.
  •  Find appropriate “entry points” for anti-corruption work. These are readily available opportunities around which progress is anticipated and is feasible.
  • Diagnosis capacity to give issues exposure and identify other suitable “entry points”.  This includes surveys, workshops, dialogue, and other constituency building measures.
  •  Building an effective political culture that deals with the responsible distribution and exercise of power, accountability and trust.
  •  Maximize leverage gained beyond entry points.  Reforms must be framed to design win-win strategies that promote interests and reputations of major stakeholders while delivering positive outcomes such as economic growth, strengthening governance and performance, or revenue generation.

Summary of challenges

  • Building leadership
  • Entry points
  • Risk management diagnosis
  • Governance building regarding power, accountability and trust
  • Social responsibility promotion – win-win promote stakeholder interests along with economic growth, governance, performance, revenue

Transparency International Anti Corruption Reform Elements – TI Source Book 1996

  1.  Commitment of political leaders, and requirement to submit themselves to scrutiny.
  2. Emphasis on prevention of future corruption and on changing systems, rather than witch hunts.
  3. Adoption of anti-corruption legislation implemented by agencies of manifest integrity.
  4. Identification of government activities most prone to corruption and a review of law and administrative procedures.
  5. Salaries of civil servants and political leaders adequately reflect responsibilities and comparable to private sector.
  6. Legal and administrative remedies provide adequate deterrence.
  7. Creation of a partnership between government and civil society (including private sector, professions and religions).
  8. Making corruption high-risk and low-profit.

TI National Integrity System Elements – TI Source Book 1996

  1. Mechanisms for accountability and transparency in the democratic process (ie parliamentary and election processes).
  2. Creative partnership between government and civil society organizations.
  3. Administrative reform and countering conflict of interest in the public service
  4. Administrative law, as an element of probity, and accountability of decision makers.
  5. Mechanisms for reporting by public officials of acts of alleged corruption, and independent monitoring of procedures and systems.
  6. Independence of judiciary, and ensuring that legal procedures and remedies provide adequate deterrence.
  7. Open, competitive and transparent system of public procurement.
  8. Private sector self-regulation and legal deterrence against corrupt practices.
  9. An alert and free press, free to discharge role as public watchdog and public awareness of rights and responsibilities.
  10.  Independent anti-corruption agencies and cooperation with other countries in combating
    international corruption.

Appendix B – Universal Declaration of Human Rights

 On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights.

 PREAMBLE

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which
have outraged the conscience of mankind, and the advent of a world in which
human beings shall enjoy freedom of speech and belief and freedom from fear and
want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last
resort, to rebellion against tyranny and oppression, that human rights should
be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between
nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in
fundamental human rights, in the dignity and worth of the human person and in
the equal rights of men and women and have determined to promote social
progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the
United Nations, the promotion of universal respect for and observance of human
rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest
importance for the full realization of this pledge,

 Now, therefore, the General Assembly proclaims

 THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and
effective recognition and observance, both among the peoples of Member States
themselves and among the peoples of territories under their jurisdiction.

 Article 1.  All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2.  Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any  kind, such as race, colour, sex, language, religion, political or other  opinion, national or social origin, property, birth or other status.  Furthermore, no distinction shall be made on the basis of the political,  jurisdictional or international status of the country or territory to which a  person belongs, whether it be independent, trust, non-self-governing or under any  other limitation of sovereignty.

Article 3.  Everyone has the right to life, liberty and security of person.

Article 4.  No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their
forms.

Article 5.  No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6.  Everyone has the right to recognition everywhere as a person before the law.

Article 7.  All are equal before the law and are entitled without any discrimination to equal protection of the law. All  are entitled to equal protection against any discrimination in violation of  this Declaration and against any incitement to such discrimination.

Article 8.   Everyone has the right to an effective remedy by the competent national tribunals for acts violating the  fundamental rights granted him by the constitution or by law.

Article 9.   No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.  Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal,  in the determination of his rights and obligations and of any criminal charge  against him.

Article 11.  (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty  according to law in a public trial at which he has had all the guarantees necessary for his defence.   (2) No one  shall be held guilty of any penal offence on account of any act or omission which  did not constitute a penal offence, under national or international law, at the  time when it was committed Nor shall a heavier penalty be imposed than the one  that was applicable at the time the penal offence was committed.

Article 12.  No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to  attacks upon his honour and reputation.  Everyone has the right to the protection of the law against such  interference or attacks.

Article 13.  (1) Everyone has the right to freedom of movement and residence within the borders of each state.   (2) Everyone has the right to leave any country, including his own, and to return to his country.

Article 14.  (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.   (2) This right may not be invoked in the
case of prosecutions genuinely arising from non-political crimes or from acts  contrary to the purposes and principles of the United Nations.

Article 15.  (1) Everyone has the right to a nationality.   (2) No one shall be  arbitrarily deprived of his nationality nor denied the right to change his  nationality.

Article 16.  (1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to  marry and to found a family. They are entitled to equal rights as to marriage,  during marriage and at its dissolution.  (2) Marriage shall be entered into only with the free and full consent  of the intending spouses.   (3) The family is the natural and fundamental group unit of society and is entitled to  protection by society and the State.

Article 17.  (1) Everyone has the right to own property alone as well as in association with others.  (2) No one shall be arbitrarily deprived of
his property.

Article 18.  Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his  religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19.  Everyone has the right to  freedom of opinion and expression; this right includes freedom to hold opinions  without interference and to seek, receive and impart information and ideas  through any media and regardless of frontiers.

Article 20.  (1) Everyone has the right to  freedom of peaceful assembly and association.  (2) No one may be compelled to belong to an association.

Article 21.  (1) Everyone has the right to  take part in the government of his country, directly or through freely chosen  representatives.   (2) Everyone has the  right to equal access to public service in his country.   (3) The will of the people shall be the  basis of the authority of government; this shall be expressed in periodic and  genuine elections, which shall be by universal and equal suffrage and shall be  held by secret vote or by equivalent free voting procedures.

Article 22.  Everyone, as a member of society, has the right to social security and is entitled to realization,  through national effort and international co-operation and in accordance with  the organization and resources of each State, of the economic, social and  cultural rights indispensable for his dignity and the free development of his  personality.

Article 23.  (1) Everyone has the right to  work, to free choice of employment, to just and favorable conditions of work  and to protection against unemployment.  (2) Everyone, without any discrimination, has the right to equal pay for  equal work.   (3) Everyone who works has  the right to just and favorable remuneration ensuring for himself and his  family an existence worthy of human dignity, and supplemented, if necessary, by
other means of social protection.  (4)  Everyone has the right to form and to join trade unions for the protection of  his interests.

Article 24.  Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic  holidays with pay.

Article 25. (1) Everyone has the right to a standard of living adequate for the  health and well-being of himself and of his family, including food, clothing,  housing and medical care and necessary social services, and the right to  security in the event of unemployment, sickness, disability, widowhood, old age  or other lack of livelihood in circumstances beyond his control.  (2) Motherhood and childhood are entitled to
special care and assistance. All children, whether born in or out of wedlock,  shall enjoy the same social protection.

Article 26.  (1) Everyone has the right to  education. Education shall be free, at least in the elementary and fundamental  stages. Elementary education shall be compulsory. Technical and professional  education shall be made generally available and higher education shall be  equally accessible to all on the basis of merit.   (2) Education shall be directed to the full  development of the human personality and to the strengthening of respect for  human rights and fundamental freedoms. It shall promote understanding,  tolerance and friendship among all nations, racial or religious groups, and  shall further the activities of the United Nations for the maintenance of  peace.   (3) Parents have a prior right  to choose the kind of education that shall be given to their children.

Article 27.  (1) Everyone has the right  freely to participate in the cultural life of the community, to enjoy the arts  and to share in scientific advancement and its benefits.   (2) Everyone has the right to the protection  of the moral and material interests resulting from any scientific, literary or  artistic production of which he is the author.

Article 28.  Everyone is entitled to a  social and international order in which the rights and freedoms set forth in  this Declaration can be fully realized.

Article 29.  (1) Everyone has duties to the  community in which alone the free and full development of his personality is  possible.   (2) In the exercise of his  rights and freedoms, everyone shall be subject only to such limitations as are  determined by law solely for the purpose of securing due recognition and  respect for the rights and freedoms of others and of meeting the just  requirements of morality, public order and the general welfare in a democratic  society.   (3) These rights and freedoms  may in no case be exercised contrary to the purposes and principles of the United  Nations.

Article 30.  Nothing in this Declaration  may be interpreted as implying for any State, group or person any right to  engage in any activity or to perform any act aimed at the destruction of any of  the rights and freedoms set forth herein.

Appendix C – Laws of Armed Conflict and Codes of Peace Operations

 We believe that at the national level, the laws of armed conflict, as the ultimate expression of the ethic of justice, represent a
poor response to external aggression. We believe that we must do better.  We believe that the ethic of care deserves
more weight and that laws of peace operations need be developed as a first response to armed conflict.

We believe that the laws of armed conflict be a very last resort, and need be more far tightly constrained regarding any risk to
non-combatants.  We believe that the need to first endeavor to undertake and advocate a response based on the emerging doctrine of responsibility to protect as an expression of our values and the priority of the ethic of care.

Laws of armed conflict

The laws of armed conflict are usually expressed by conditions that first establish jus ad bellum, the right to go to war; and second, jus in bello, the right conduct and use of force within war.

  • Right to go to war:
  •  Just cause.  This principle limits war to defense against armed attack, prevention of significant harm, and significant threats to international peace.  The injustice suffered must significantly outweigh any suffered by others.
  • Legitimate authority. Only legitimate political authority, duly  constituted, sanctioned by society and with ability to control force and cease its use may wage war.
  • Right intention. Force may be used in accord with just cause, not  intimidation, vengeance, domination, hatred, coercion, or not
    material gain or maintaining economies, and solely for the purpose of correcting a suffered wrong. The aim must be one of peace  and security.
  • Probability of success. Force may not be used in hopeless causes or where disproportionate force is required to achieve success. A war can only be fought with a reasonable chance of success.
  • Last resort.  Force may  be used only after all peaceful, political, diplomatic or other alternatives have been exhausted or are clearly not practical.
  • Proportionality of ends. The good achieved in waging war must be greater than the harm done.  Force used in the  war must be proportional to the injury suffered. States are prohibited from using unnecessary force in attaining the objectives of the just cause
    involved.

The right conduct and  use of force within war:

  • Distinction.  Conduct should distinguish between combatants and non-combatants.  Force should only be directed towards enemy combatants and clear military target exists, Acts of terrorism or   reprisals against civilians is prohibited. Non-combatants are not permissible targets of war, and every effort must be taken  to avoid killing civilians.  Non-combatants and POWs must be provided immunity and protection under Geneva and any other applicable laws.
  •  Proportionality of  means:    Weapons and force used must be able to discriminate between combatants and  non-combatants. The use of force cannot be employed if risks of incidental civilian injuries, death or   collateral damage are clearly present. This principle limits  weapons, prohibits torture, and unnecessary harm or destruction.
  • Military necessity. Conduct must respect the principle of minimum force. The use of force must be on valid military objectives only.

 Code of peace operations

A better response to peace operations should include as a minimum, strict obligations and every reasonable effort to enable human security, reconstitution, reconciliation and justice:

  1. Stop or prevent violence as a first priorityThis means the establishment      of safe places or cities guarded from all combatant forces. The provision of refugee routes to secure safety.
  2. Care for the victims.
  3. Create safe spaces for peace talks or diplomacy.  This means a principle of neutrality.
  4. Strengthen or rebuild governance at all levels. The encouragement of self      government built on the protection of human rights.
  5. Enable the creation of safe, healthy and socially responsible  communities.
  6. Enable the reconstruction of economies and infrastructure.
  7. Enable truth, reconciliation and justice activity.

Appendix D – Ethics in Governance Strategic Principles

 Third Edition 2 January 2011  –  Paul Maillet CENTER FOR ETHICS

 “Why ethics?  It needs no justification, beyond the fact that it is the highest expression of what it means to be human.  In organizations, good ethics is not automatic; it needs constant attention and nurturing.” Paul Maillet

We want to be an ethical organization.  We are committed to doing the right thing because it is what we are as human beings, and what we
want to be as an organization.

This commitment is reflected in our statement of ethical expectations, an expression of the values which we are willing to be held accountable.

We believe in creating a healthy balance between controlling corruption, building integrity and respecting culture.

We believe that our people are good and ethical people.  We believe that organizational ethics is about helping good people do the right thing.  It is supportive and positive, and uses discipline and enforcement mechanisms as a last resort.

We believe in leadership action to create healthy and safe ethical climates in the workplaces.  In an unhealthy ethical climate, the default is usually moral silence and not moral voice.

Our approach to ethics and governance is characterized by three main elements:

v  To be ethically awake to what is happening in the organization and its larger customer and societal
environment

v  To have a capacity to reflect on such issues in terms of ethics and values

v  To have a capacity to act on these issues in terms of ethics and values. To be able to live our values in everything we do.

Our ethical leadership approach contains action obligations in performance agreements to:

v  Set the example

v  Ensure awareness

v  Conduct risk management

v  Provide opportunities for dialogue

The core of our ethics strategy is ethical decision making.  Everything in our ethics strategy is done in support of ethical decision-making.
Our ethical decision-making approach consists of:  actions, which reflect good intentions, good means and expected good results, and actions, which reflect a healthy balance of obeying laws, consequences, care of others and good values.

 We will not condone wrongdoing and will speak up when it occurs. We responsibly exercise moral voice, and seek cooperative solutions before complaint mechanisms, and before we responsibly exercise our rights as a citizen.

 We are committed to safe and reprisal free workplaces.  Our approach to reprisal protection will be one of preventative measures and assessment, the ethic of care for those vulnerable, and the provision of effective recourse mechanisms.

 We will be proactive in strengthening ethical relationships with suppliers and external stakeholders.  We advocate an approach of ensuring a clear understanding of the ethical expectations, the shared risks we face and how to deal with them, and how we communicate.

 We acknowledge our obligations for social responsibility, which we demonstrate by balancing: our economic or operational viability, protecting the environment, strengthening ethics in governance and benefiting society.

 We will not compromise our integrity or reputations by accepting inappropriate gifts, or benefits from external stakeholders, or put ourselves in conflict of interest.  We will be mindful of the context, the expectations, and the options we have when faced with such issues.

We believe in personal accountability for our decisions and actions, and for our leadership to be active in strengthening the ethical climate of their responsibility areas.

  We believe in organizational accountability, which fosters transparency, public reporting and a willingness to be held accountable to both public and organizational expectations.

 Our vision is to expand governance, leadership and workplace practices to include a healthy balance of ethics and values.

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