Skip to content

The centrality of women’s political leadership to democratic governance, open societies, and human rights

Article by Rt Hon Maria Miller MP

October 19, 2021

The centrality of women’s political leadership to democratic governance, open societies, and human rights

Why does it matter

It matters who we elect to lead our communities and our country. Their values and priorities shape our future. If all of those leaders have the same experiences of life, went to similar schools or universities, then democracies not only miss out, they are weaker for it. The largest underrepresented group in every democracy in the world is women. As Julia Gillard said, “even if women did not bring new policy perspectives to the world of politics, I would still be an advocate of gender equality in politics because I believe merit is equally distributed between the sexes.”[1] And we should listen to her. Countries that are not actively seeking to ensure their democracies include the equal representation of women are tackling the challenges they face with one hand tied behind their backs. Candidate quotas can have a role in some cases, but if culture and working practices have not been challenged these will be a short-term fix with no lasting change.[2]

 

What have we done?

That is one reason why, for more than a decade, the UK Government has focused on the importance of getting women’s voices heard through the issues that stop women’s equal participation in society: in 2021 and 2017 taking on reproductive health at the Family Planning Summit; in 2013 a Call to Action on Gender-Based Violence in Emergencies;[3] the 2014 Girl Summit to mobilise action on Female Genital Mutilation and Early and Forced Marriage alongside the Global Summit to End Sexual Violence in Conflict;[4] and in 2016 supporting the UN Secretary General’s High Level Panel on Women’s Economic Empowerment.[5] Each action has been a building block to support women’s basic equality around the world: improving access to financial services for more than 36 million women; helping 30 million children under five, and pregnant and breastfeeding women, through nutrition-relevant programmes; supporting 22.6 million women to access clean water, better sanitation, or improved hygiene conditions; giving ten million women access to modern family planning methods; helping over five million girls attend school; and supporting three million women to improve their land and gain property rights.

 

Global Britain in a Competitive Age: the Integrated Review of Security, Defence, Development and Foreign Policy, published in March 2021, included the FCDO’s attempt at bringing two government departments into one. There was little room to reveal the Government’s international commitment to gender equality, with only one reference in the document, which highlighted the UK’s focus on and funding for girls’ education. While this reflected the priorities previously articulated by the then Foreign Secretary in a letter to the House of Commons International Development Committee, international development organisations expressed their concerns about the lack of a comprehensive approach to gender equality and inclusion, particularly in the UK Government’s policy on open societies.[6] This is very much out of line with peers such as Canada, France, Sweden, Mexico, and Spain, who are adopting or announcing intentions to adopt a feminist foreign policy and, in addition, the Biden administration’s establishment of the Gender Policy Council in early 2021.[7]

 

The G7 Communiqué published earlier in the summer enabled the UK Government to articulate a much more developed narrative on gender equality and inclusion.[8] At the G7, the UK succeeded in getting the leaders of some of the world’s largest economies to agree to a shared belief in Open Societies with the explicit need for the economic and political empowerment of women to be inherent to achieving that goal.[9] The G7 communiqué signed up to in full by all members recognised the exacerbation of inequalities from the impact of the COVID-19 pandemic and emergency response, as well as the need to fully integrate gender-disaggregated data into global recovery efforts. It also had clear directives on sexual and reproductive health, addressing gender-based violence, gender integration in climate change, and importantly, recognised as a baseline that thriving democracies and open societies must be founded upon gender equality.

 

These strong commitments were amplified by work done by newly constituted groups, including the G7 Gender Equality Advisory Council, that called for women’s voices to be ‘hard wired’ into the G7 decision-making process and to ‘monitor’ gender balance among leaders and their delegations in the future.[10] The first ever G20 conference dedicated to women’s empowerment including increasing women’s representation in leadership positions and called for ‘a global transformative agenda’, with appropriate monitoring and evaluation.[11] And the Generation Equality Forum co-hosted by France and Mexico launched a five-year action plan to achieve irreversible progress towards gender equality, including a call to provide more direct support to women’s rights organisations.[12] The upcoming US-led Summit for Democracy – with an initial, virtual meeting planned for 9th-10th December 2021 and a follow up in person event a year later[13] – is another important moment for countries to make concrete commitments to enhancing women’s political leadership and gender equality.

 

The development of the approach on gender equality between the Integrated Review document and the G7 Communiqué demonstrates the need for far more work to be done to articulate HMG priorities and the UK’s positioning on democratic governance, open societies and human rights. And to then back that up with a clear strategy to deliver. While the UK Government remains committed to the Sustainable Development Goals with gender equality at their heart, neither development nor the aid budget were central to the Integrated Review.

 

The DFID Strategic Vision for Gender Equality would be a good starting point for FCDO Ministers.[14] It is an already developed comprehensive strategy, emerging from years of learning from the UK Government’s investment in interventions to support the advancement of women and girls around the world, that made the UK a world leader in being a force for good. This strategy also drew from a forward-thinking approach to gender equality that targets whole of environment change, including an important pillar in the strategy on women’s representation, rather than simply ‘empowering’ women and girls. This strategy needs budget and implementation mechanisms to turn words on a page into actions on the ground.

 

Recent global events, like the Taliban takeover of Afghanistan, makes it clear that the achievement of open – and stable – societies is reliant on genuine and consistent ambition for gender equality that creates real culture change in communities. The UK’s positioning on girls’ education is an essential first step – and a minimum requirement as part of international aid priorities – towards a fundamental pillar of stable thriving societies, which is women’s political leadership. Ministers and Officials in the FCDO now need to take that foundation and build a plan of action that fulfils the UK commitments in the G7 Communiqué.

 

When real progress is made on women’s political leadership, the infrastructure for girls and boys, as well as women and men to flourish will exist, including on education indicators. As the events in Afghanistan have demonstrated, military solutions or negotiated settlements do not tackle the ‘poverty and terrorism’ that comes from failed states.[15] Advocates of open societies must work with a baseline that these cannot develop – let alone thrive – without gender equality and that there is no substitute for genuine progress in this area. This requires honest self-reflection and domestic work as well as genuine and enterprising commitment to the global community of practice on open societies.

 

What next

Looking at the last 25 years of women’s political leadership, from commitments made at the 1995 Beijing Platform for Action to now, research unequivocally shows the positive impact on democratic outcomes by women political leaders, particularly when they are able to exercise their leadership in a manner that is authentic to them rather than being expected to adhere to political norms that limit women’s influence.

 

For example, research shows that women legislators are considered to be more responsive to citizens’ needs and better connected to their constituencies.[16] This contributes to greater perceptions of trust in political institutions and, in enabling contexts, more instances of women political leaders securing funding and sponsoring legislation that delivers better outcomes for citizens, such as access to healthcare, education, social and economic welfare and equality before the law.[17] The initiatives of women policymakers expand and reorder political agendas to include issue areas with significant impact on the quality of women and children’s lives, but which were previously considered outside the realm of public policy, such as gender-based violence, sexual and reproductive health, childcare, maternity policies and female genital mutilation.[18]

 

In addition, scholars in the field of anti-corruption find a strong correlation between having more women representatives and lower levels of both petty and grand corruption across all levels of government.[19] The effect is both ways: low levels of women representatives are equally associated with higher levels of corruption.

 

The positive impact of women’s leadership likewise extends into the realm of global politics. Women involved in foreign policy decisions are more likely than their male counterparts to make pro-equality statements and position legislation to benefit women globally.[20] Countries where women hold political power are less likely to commit human rights abuses and are more likely to have enduring peace settlements.[21]

 

In short, it is women representatives who are at the core of creating more stable societies. With this evidence, why does attainment on women’s political leadership remain so elusive some 25 years on from the Beijing Platform for Action?

 

Support for women’s political leadership has, unfortunately, either been a secondary consideration in development policies or delivered in a way that assumes that women exercise political leadership in a vacuum. Most development actors working in this space have prioritised training for women to stand as candidates while doing little to challenge the very real barriers to their access to formal political spaces, which include opaque and often unscrupulous candidate selection processes within political parties. As well as the cultures of political parties and political institutions, majoritarian electoral systems significantly impede the ability for women to get elected, and where quotas exist, they need to be applied appropriately for it to be effective.[22] For women who do make it into politics, the increasing risk and exposure to violence, especially online abuse, is causing women to curtail their political careers, an unaffordable regression.[23]

 

Likewise, gendered norms remain a stubborn barrier to equal access to paid employment, decent work, sufficient social care support and political equality for billions of women.[24] Violence against women and girls remains pervasive and has long tentacles, with enduring consequences for women’s health, wellbeing and economic stability, making the fundamental aspects of life more challenging let alone engaging in politics. Once layered with other intersectional identities, the attainment of gender equality becomes even more essential with violence and discrimination faced by LGBT+ populations, persons with disabilities and young people.

 

There has been progress since Beijing, but large social and economic segments of this have morphed or collapsed under the consequences of the COVID-19 pandemic. The World Economic Forum re-calculated that as a result of one year of the pandemic, achievement of global gender equality will now take a further 36 years to realise, expected in the year 2156.[25]

 

Better understanding of the current state of these issues, and subsequently better policy responses to address them, would be catalysed by far more robust and reliable data collection, identified at the Generation Equality Forum as a global priority.

 

The bottom line is that words need to be turned into actions by the world’s most influential democracies if they are to be taken seriously by those we support. In the UK, just one in three MPs in the UK Parliament is female and just one in four in the largest governing party.[26] Despite affirmative action measures by some political parties and parliaments, political cultures still preference the leadership of men, evidenced both in the UK and abroad. Women face barriers in their pathways into politics – in accessing political apprenticeships and networks; fundraising for their campaigns; in managing perceptions of their caring and domestic responsibilities; and in facing violence from wider constituencies and from their own parties.[27] Crucial work needs to be done to re-frame political cultures to one that is more inclusive, and reflective of the ambitions of an Open Societies agenda.

 

The UK’s commitment to international development puts them at the centre of tackling the global challenge of advancing women’s political leadership. The track record on ground-breaking legislation on Modern Day Slavery, Domestic Abuse and more overarching work on Violence Against Women and Girls is a strong platform to re-invigorate the Strategic Vision on Gender Equality within the newly formed FCDO including specific commitments on women’s representation.

 

The new International Development Strategy, due to be released by FCDO in 2022, is an opportunity to expand the UK’s focus on girls’ education to one that is coupled with equal roles in political life. While support to girls’ education pays big dividends, this cannot be an end of itself and there are reasonable questions as to whether these gains can be sustained if pathways for these girls to move into political leadership as women are not likewise prioritised. A vision for women’s political equality needs to be integrated into the International Development Strategy with funding commitments and monitoring of targets. The G7 Communiqué and Global Equality Advisory Council recommendations provide a clear and implementable roadmap for the UK Government. The evidence for women’s political leadership is now beyond question and needs to be centred in any design and discussion of what democratic governance, open societies and a human rights agenda looks like for the UK government. The Summit for Democracy marks a critical moment to bring together leading democracies from the Global North and South to commit to concrete action – domestically and internationally – to advance women’s political leadership; the UK should play a leading role in advocating for ambitious deliverables coming out of the Summit.

 

Conclusion

Out of 193 member states in the United Nations, there have never been more than 19 led by a woman at any one time. Just one in four political representatives around the democratic world is female. The role that women’s political leadership plays in creating and sustaining sound governance, open societies and meaningful human rights is not a ‘like to have’ option – it is a need to have. Very little of the security and stability described in the Integrated Review can be achieved without women’s equal and unapologetic participation.

 

Gender equality is not just good for women and girls: it is the foundation for building just and equitable societies, where everyone can thrive – open societies that are more stable and prosperous for everyone. That is why women’s political leadership internationally is so important for Britain and why gender equality has to be central to the efforts of the new FCDO.

 

Maria was first elected to represent Basingstoke in the 2005 General Election. Before entering Parliament, Maria worked for 20 years in marketing, including board level experience. On becoming a Member of Parliament, Maria was appointed to the Trade and Industry Select Committee. David Cameron appointed her as Shadow Minister for Education in December 2005, then Shadow Minister for Family Welfare in the Department for Work and Pensions in November 2006. Maria moved back to the Education team as Shadow Minister for Family in July 2007 and remained in post until the 2010 General Election. Maria was appointed Minister for Disabled People at the Department for Work and Pensions in the Coalition Government in May 2010 and was promoted to Secretary of State for Culture, Media and Sport, and Minister for Women and Equalities, from September 2012 to April 2014. In June 2015 Maria was elected as Chair of the newly established Women and Equalities Select Committee. Maria was nominated for the position by MPs across the House in 2017 and was re-elected unopposed. In addition to her role as Chair of the All-Party Parliamentary Group for Women in Parliament, Maria is Co-Chair of the APPG UN Women, Chair of Conservative Women in Parliament, and Vice-Chair of the APPG on Digital Regulation and Responsibility. Maria is also a Director and Trustee of the Commonwealth Parliamentary Association, Patron of HCUK and serves on the Board of Governors for the Westminster Foundation for Democracy.

 

Image by Jessica Taylor / UK Parliament.

 

[1] Gitika Bhardwaj and The Hon Julia Gillard AC, Julia Gillard on Breaking Barriers for Women in Politics, Chatham House, November 2019, https://www.chathamhouse.org/2019/11/julia-gillard-breaking-barriers-women-politics

[2] Sue Maguire, Barriers to Women Entering Parliament and Local Government, University of Bath, October 2018, https://www.bath.ac.uk/publications/barriers-to-women-entering-parliament-and-local-government/attachments/barriers-to-women.pdf

[3] Call to Action, see website: https://www.calltoactiongbv.com/who-we-are

[4] Home Office, Girl Summit 2014, Gov.uk, July 2014, https://www.gov.uk/government/topical-events/girl-summit-2014; Preventing Sexual Violence in Conflict Initiative, 2014 Global Summit to End Sexual Violence in Conflict, Gov.uk, March 2017, https://www.gov.uk/government/collections/2014-global-summit-to-end-sexual-violence-in-conflict

[5] UN Secretary-General’s High-Level Panel on Women’s Economic Empowerment, see website: https://hlp-wee.unwomen.org/en

[6] Letter from Rt Hon Dominic Raab MP to Sarah Champion MP, December 2020, https://committees.parliament.uk/publications/3683/documents/38142/default/; Paul Abernathy and Abigael Baldoumas, ‘What the integrated review means for international development’, Bond, March 2021, https://www.bond.org.uk/news/2021/03/what-the-integrated-review-means-for-international-development

[7] The Gender Policy Council’s mandate is to ‘advance gender equity and equality in both domestic and foreign policy development and implementation’. See: https://www.whitehouse.gov/gpc/

[8] Carbis Bay G7 Summit Communiqué, Our Shared Agenda for Global Action to Build Back Better, June 2021, https://www.g7uk.org/

[9] G7 Cornwall UK 2021, 2021 Open Societies Statement, Gov.uk, June 2021, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1001132/2021_Open_Societies_Statement__PDF__355KB__2_pages_.pdf

[10] G7 Gender Equality Advisory Council, Recommendations of the gender equality advisory council 2021 to the leaders of the G7, Gov.uk, June 2021, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/992410/RECOMMENDATIONS_OF_THE_GENDER_EQUALITY_ADVISORY_COUNCIL_2021_TO_THE_LEADERS_OF_THE_G7.pdf

[11] G20 Conference on Women’s Empowerment: Chair’s Statement, G20 Italia 2021, August 2021, https://www.g20.org/wp-content/uploads/2021/08/Chairs-statement-ENG-26-August.pdf

[12] Generation Equality Forum, see website: https://forum.generationequality.org/home

[13] The Summit for Democracy, see website: https://www.state.gov/summit-for-democracy/

[14] DFID, DFID Strategic Vision for Gender Equality: Her Potential, Our Future, Gov.uk, March 2018, https://www.gov.uk/government/publications/dfid-strategic-vision-for-gender-equality-her-potential-our-future

[15] BBC News, Afghanistan ‘heading for civil war’ says Defence Secretary, August 2021, https://www.bbc.co.uk/news/av/uk-58198080

[16] Minna Cowper-Coles, Women Political Leaders: The Impact of Gender on Democracy, The Global Institute for Women’s Leadership King’s College London and Westminster Foundation for Democracy, July 2020, https://www.kcl.ac.uk/giwl/assets/women-political-leaders.pdf

[17] Anzia, Sarah F. and Berry, Chrisopher R. (2011). ‘The Jackie (and Jill) Robinson Effect: Why Do Congresswomen Outperform Congressmen?’, American Journal of Political Science, 55(3), pp. 478-493, https://www.jstor.org/stable/23024932

[18] Minna Cowper-Coles, Ibid, pp. 53-54 and 57.

[19] Bauhr, Monika, Charron, Nicholas, and Wängnerud, Lena (2019). ‘Exclusion or interests? Why females in elected office reduce petty and grand corruption’, European Journal of Political Research, 58, pp. 1043-1065, https://ejpr.onlinelibrary.wiley.com/doi/full/10.1111/1475-6765.12300; and Minna Cowper-Cowles, ibid.

[20] Ibid, 54.; and Bashkevin, S (2014). ‘Numerical and policy representation on the international stage: Women foreign policy leaders in Western industrialised systems’, International Political Science Review, Vol. 35(4) 409–429. This is significant to addressing poverty and inequality globally as gender remains the most reliable predictor of disadvantage worldwide.

[21] Summary of evidence in Minna Cowper-Coles, Ibid, p.54

[22] Minna Cowper-Coles, Ibid, pp.41-43.

[23] WFD, Stopping violence against women in politics: time for a new normal, March 2018, https://www.wfd.org/2018/03/21/stopping-violence-against-women-in-politics-time-for-a-new-normal/; Rebecca Gordon, Shannon O’Connell, Sophia Fernandes, Keerti Rajagopalan and Rosie Frost, Women’s Political Careers: where do leader’s come from?, WFD, March 2021, https://www.wfd.org/2021/03/25/womens-political-careers-where-do-leaders-come-from/

[24] Caroline Harper, Rachel Marcus, Rachel George and Emma Samman, Gender, Power and Progress, How norms change, Advancing Learning and Innovation on Gender Norms (ALIGN) and Overseas Development Institute, December 2020, https://odi.org/en/publications/gender-power-and-progress-how-norms-change/

[25] World Economic Forum, Global Gender Gap Report 2021: Insight Report, March 2021, http://www3.weforum.org/docs/WEF_GGGR_2021.pdf

[26] Institute for Government, Gender Balance in Parliament, https://www.instituteforgovernment.org.uk/publication/gender/parliament

[27] Ibid; and Women’s Political Careers: where do leader’s come from?.

Footnotes
    Related Articles

    Leading by example: Renewing UK democracy at home

    Article by Joe Powell

    Leading by example: Renewing UK democracy at home

    The rationale for elevating open societies and human rights as a major British foreign and development policy priority is clear. There have been 15 consecutive years of declining civic space globally, and a sustained rise of authoritarian leaders projecting their power more assertively internationally.[1] Many of those leaders are kleptocrats who use open markets like the UK to launder their money, damaging those democracies including through opaque and possibly illegal donations to political parties. The pandemic led to a further rollback of civil liberties, with many emergency powers lacking time-bound end dates or proper democratic oversight.[2] The UK and other democracies urgently need to work together to address these trends, but that can only happen if leadership is credible and based on a foundation of leading by example. In recent years British democracy has faced major challenges of its own making. To lead globally, Britain now requires a cross-Whitehall and society-wide effort to ensure our own democracy is fit for purpose.

     

    Our experience of ten years of the Open Government Partnership (OGP) has reinforced that on democracy and open government issues, credibility is everything. Some of the strongest performers in OGP are countries who do not regularly sit at the top table of other international fora like North Macedonia and Uruguay. And yet, they are looked up to within the Partnership for their domestic leadership and willingness to share their learning with others. OGP’s local and subnational members like Austin, Texas are also showcasing a different model of how to bring government closer to citizens.

     

    Conversely, some of the traditional champions of democracy internationally have experienced significant backsliding in recent years. This includes the United States, where the January 6th 2021 insurrection was inspired by the refusal of some political leaders to accept the will of the people, and Britain where civil society has been raising the alarm about the conventions of democracy being eroded.

     

    Internationally, both the US and UK are now elevating democracy as a major priority, but the approach of each government to these domestic challenges differs markedly. In President Biden’s inaugural address he stated clearly “we will lead not merely by the example of our power but by the power of our example”, and his administration is designing their flagship Summit for Democracy in December 2021 to include domestically focused US democracy commitments on issues like corruption.[3] In contrast, while the UK G7 did call on members to “address our own vulnerabilities” as part of the Open Societies Statement agreed in June 2021 there has been no similar recognition from Prime Minister Johnson that the UK has to strengthen its own democracy in order to lead globally on the issue.[4]

     

    The Foreign, Commonwealth and Development Office’s (FCDO) newly identified priorities under its open societies and human rights directorate provide a useful framework to analyse the extent of whether the UK can claim to be leading by example. These include: anti-corruption and illicit finance; civil society and civic space; democratic governance and media freedom; and the rule of law. While the FCDO’s role does not extend to the UK’s own domestic performance in each of these areas, international leadership will be significantly more credible if the UK is seen to be making progress on its own democratic journey.

     

    Anti-corruption and illicit finance

    Anti-corruption has risen up the political agenda in recent years, both in terms of domestic challenges in the UK and the role of the City of London, crown dependencies and overseas territories in enabling kleptocracy overseas.[5] The National Crime Agency judge that it is “a realistic possibility that [money laundering through the UK] is in the hundreds of billions of pounds annually” because of “the ease with which UK companies can be established, the broad range of professional services on offer and the access UK systems provide to higher-risk jurisdictions.”[6]

     

    Within this overall context, the British Government has taken some important anti-corruption steps in recent years, including on “beneficial ownership transparency”. In 2013, Britain became the first country to commit to a public central registry of company ownership, designed to ensure the ultimate beneficiaries could not hide behind anonymous companies that are often misused for tax evasion, money laundering, and vehicles for financing organised crime and terrorism. Over 9.4 billion searches were made of the UK register in 2019, and there is evidence that these registers are being used to expose corruption and crime.[7] This has led to an impressive cascade effect, with over 40 countries now implementing similar reforms, including a European Union wide directive and recent progress in the right direction from the US and Canada.[8] The British Government also deserves credit for keeping this topic on the agenda for its 2021 G7 presidency, and for recently joining the Beneficial Ownership Leadership Group, which is designed for learning on effective implementation and to encourage other countries to adopt this emerging standard.[9]

     

    Despite this progress, there remain major challenges with the implementation and scope of these anti-money laundering efforts. The Pandora Papers, the latest massive leak of financial data, confirm that Britain remains a destination of choice for corrupt money. Azerbaijan’s ruling Aliyev family own 17 luxury London properties alone, with offshore companies used to obscure ownership.[10] A draft law on extending ownership transparency requirements to real estate was promised in the 2019 Queen’s Speech, but has not been tabled despite urging from Transparency International and other civil society groups.[11] There are also further steps that should be taken to curtail the role of enablers of corruption, including the financial services industry, public relations companies and purveyors of luxury goods.[12]

     

    The current policies also need strengthening with a greater focus on verification of information related to ownership and applying it across asset classes like trusts, which are a weak point for abuse. Companies House needs an overhaul to address this problem, with more staff and resources.[13] Leadership is also needed to ensure that the crown dependencies and British overseas territories, which have long been havens for tax evasion and money laundering, meet their commitment to create public company registers by 2023. Finally, Britain’s voice is needed in the negotiations at the Financial Action Task Force to ensure a more progressive global standard is agreed.

     

    In addition to taking stronger action on money laundering, there is a need for the UK Government to tackle the inefficiencies and waste in public procurement that have been so clearly brought into the public eye by the pandemic.[14] In relation to personal protective equipment (PPE), the former Health Minister Lord Bethell recently announced that “1.9 billion items of stock were in the ‘do not supply’ category…equivalent to 6.2% of purchased volume with an estimated value of £2.8 billion.”[15] This number is expected to rise further, amounting to a staggering loss of taxpayer money. The use of ‘VIP lanes’ for well-connected individuals to win contracts, and the fact that many COVID related contracts are still unpublished, stands in direct contradiction to the types of practices UK embassies and development programmes have supported overseas in recent years.

     

    The impetus for radical procurement reform must now be taken, building on the Green Paper on Transforming Public Procurement.[16] The UK Anti-Corruption Coalition’s recommendations point the way to a system based on open data and civic engagement that could be an engine for government innovation, improve infrastructure, drive social and economic inclusion including through small business growth, and transition to net zero.[17] Internationally, the G7 committed to open contracting for the first time in September, 2021, an important win for the UK presidency that now needs rapid implementation with support of civil society groups like the Open Contracting Partnership.[18]

     

    The Greensill lobbying scandal involving former Prime Minister David Cameron also exposed weaknesses in the UK political system that should be addressed. The subsequent Boardman review makes recommendations that if implemented in full would make a significant improvement to the status quo.[19] This would include unpaid advisers being subject to a clear code of conduct, a requirement for any former minister or civil servant to formally declare themselves as a lobbyist if trying to influence a government decision, and broadening the definition of an official meeting for reporting purposes to include more informal communications such as text messages. This is part of a wider effort needed to uphold the Nolan principles, and properly follow the latest recommendations of the committee on standards in public life, which include reform to “the Ministerial Code and the Independent Adviser on Ministers’ Interests; the business appointment rules and the Advisory Committee on Business Appointments; transparency around lobbying; and the regulation of public appointments.”[20] This is a crucial set of issues to strengthen British democracy, and protect its customs and conventions from abuse.

     

    Civil society and civic space

    An active civil society is essential to any well-functioning democracy. The pandemic showed the essential value of civil society, as community groups and national charities came together to care for the most vulnerable and provide mutual aid to those in need. Britain based charities have also long been at the forefront of tackling global poverty, climate change, and strengthening democracy and open societies. Much of that work requires vocal advocacy, policy influencing, monitoring government action and mobilising citizens. The FCDO have been increasingly vocal in support of civil society and human rights in some parts of the world, including Hong Kong and Belarus in recent months. There have also been important UK efforts to promote open civic space in multilateral settings, like the United Nations.

     

    Unfortunately, British civil society has been experiencing its own shrinking of civic space. On September 23rd 2021 Civicus, the global civil society alliance, placed the UK on its watchlist for the first time.[21] The watchlist is made up of countries where civic freedoms are in rapid decline, and currently includes Afghanistan, Belarus and Nicaragua, alongside the UK. This is a warning sign that needs urgent addressing if the UK is to credibly engage internationally on civic space. Central to these concerns are the Police, Crime, Courts and Sentencing Bill, which contains provisions that restrict the right to protest and has been opposed by over 350 UK civil society organisations and leaders.[22] These organisations point to “draconian new police powers to decide where, when and how citizens are allowed to protest and have their voices heard by those in power”, with particular concerns about how those powers will be used on those critical of government policy and underrepresented communities. If the bill were to pass unchanged, it would clearly undermine the ability for the UK to advocate against similar laws proposing restrictions on civic space around the world, such as those in Hong Kong.

     

    The British Government has also been urged to reverse recent cuts to the aid budget, which has been a major funder of civil society in low income countries. The UK was the first G7 country to reach the 0.7 per cent of gross national income target for overseas aid spending, and this also helped support UK based charities to become world leaders in their fields. The recent cuts to the aid budget put much of this work at risk and the sooner they can be reversed, the less long-term damage will be caused.

     

    Democratic governance and media freedom

    The global paradox of incredible bright spots of democratic innovation existing alongside worrying signs of backsliding is a trend that exists in the UK too.[23] The number of democracies globally has continued to decline, and illiberal democratic models such as Hungary, Turkey and Poland have increasingly worked together to share lessons. This includes restrictions on freedom of the press and attacks on journalists. In 2021 only 12 countries globally were ranked as having a favourable environment for journalists.[24] The vital role journalists play in a well-functioning democracy, both in holding the powerful to account and informing the public, has also been undermined by the digital monopolies and underfunding of journalism.

     

    In Britain during the pandemic there have been incredible examples of participatory democracy where citizens had direct involvement in decisions affecting their lives, and deliberative democracy where people were able to join inclusive processes to share their ideas and learn from each other.[25] Citizens assemblies in the UK on climate change and the future of Scotland have all managed to adapt and thrive despite the shift to online meetings. There have also been pioneering local authorities such as Preston, which have sought to build a more democratic economy that keeps value and skills in the community.[26] A new Democracy Network has been launched to capture and share these learnings across the UK, coordinated by Involve, one of the leading charities focused on public participation.[27] Grassroots energy to forge a more inclusive version of UK democracy has the potential to help rebuild trust between government and citizens.

     

    This progress does risk being undermined by the proposed new UK elections bill, which would make voter ID mandatory despite miniscule evidence of fraud and over two million people lacking the correct photo identification.[28] This mirrors similar efforts at the state level in the United States to make voting harder for political reasons, especially for racial minorities and recent immigrants. The bill also waters down the independence of the Electoral Commission, while doing little to tackle the problem of dark money in UK politics and political donations being exchanged for honours and titles.

     

    On media freedom within the UK, some vital tools for journalists need protecting or improving. Freedom of Information implementation should be better resourced to prevent long delays, more information should be proactively disclosed, and the Government should cease the use of lawyers to challenge claims except in the most sensitive national security cases.[29] Proposed reforms to the Official Secrets Act could also undermine independent journalism, by increasing penalties on whistleblowers and making it easier to prosecute journalists for any story judged capable of causing damage to the state.[30] This would have a potential chilling effect on journalists’ sources and reporting, and would be inconsistent with the goals of the global media freedom campaign which has been a highly welcome FCDO run effort to draw attention to attacks on journalists and the undermining of independent media happening in many countries.

     

    Digital democracy is another FCDO priority area where there are opportunities for showcasing British successes, but also improvement domestically. The UK’s Government Digital Service (GDS) set a strong precedent for prioritising responsiveness and access to citizens when it was launched, and is still seen globally as a pioneering model to emulate in terms of open government. The pandemic has also shown the immense potential of using digital tools to deepen democratic engagement and opportunities for civic participation. The organisers of the Climate Assembly UK demonstrated how this could be done in an inclusive manner, with citizens able to participate without meeting in person.[31]

     

    At the same time, the last few years have shown how the lack of adequate policy safeguards and regulation make digital technologies prone to misuse, and make democratic processes vulnerable to attacks by illiberal influences. Insufficient regulation contributes to the lack of public trust in government and exposes citizens to data privacy and security risks. The new National Artificial Intelligence Strategy presents useful information on how the Government hopes to bolster AI research and technology.[32] While it unpacks the immense regulatory challenges, more work is needed to identify a suitable regulatory framework, including by working with strong civil society partners such as the Ada Lovelace Institute. As the British Government begins to lay out its own path on data and digital governance, it must show its commitment to principles of data protection and management that protects its citizens and businesses.

     

    A positive space to deepen dialogue between the UK Government and civil society on domestic democracy is the OGP forum, coordinated by the Cabinet Office with cross-Whitehall representation, including from the FCDO. A highly committed group of reformers in government have been working to reboot this forum, after the UK was placed under review by OGP for failing to meet its commitments to running a truly inclusive co-creation process with civil society and submitting the OGP action plan on time.[33] The former lead Minister in the Cabinet Office issued a strong public pledge to “meet and exceed expectations of transparency and inclusivity in the development of our next generation of [open government] commitments.”[34] Publishing an ambitious new open government action plan would be a strong signal to civil society that the Government is prepared to co-create reforms that address domestic democratic challenges, and work with non-government actors in a collaborative effort to improve. There are also opportunities to expand the OGP forum. In many countries parliaments are playing an active role in making their own commitments to be more open, holding the executive to account, and helping pass relevant legislation. The UK Parliament should be encouraged to become more actively involved. OGP in the UK also extends far beyond Westminster, with Glasgow, Northern Ireland and Scotland all members in their own right with their own OGP fora and commitments. This creates an opportunity for truly collaborative learning and cooperation on open government across the country.

     

    Rule of law

    On access to justice and the rule of law in Britain, there are pandemic related backlogs that need resources to clear, but there are also opportunities through court modernisation programmes to try and bolster the principle of open justice. This means ensuring there is easily accessible data and information about the justice system, so citizens can understand the law and realise their rights. In recent years, the decline of funding for court reporters, closure of physical infrastructure, weak systems for storing data and documents, and digitisation of some justice processes, have all contributed to the challenge. There are now proposals being considered to improve access to court data, create space for feedback from citizens and civil society on what could improve in the system, and building a better system for sharing when court hearings are taking place.[35] The Justice Committee has also launched a new inquiry into open justice and court reporting in the digital age that will make recommendations on the media’s role.[36] Following through on these proposals would help to build trust and confidence in the courts, and could also inform the UK’s global work on access to justice.

     

    Conclusion

    The global trend of democratic backsliding and closing civic space requires urgent political action. It is welcome that the FCDO has chosen to prioritise open societies and human rights as part of its new agenda as an integrated department. Working with allies, Britain can help to build a stronger global coalition for open government and democracy, and take on the rise of authoritarianism. But this can only be successful if Britain has a credible story to tell about its own democracy. In many of the areas prioritised by the FCDO, the UK has not been immune from the global backsliding trends.

     

    There is now a major opportunity for the UK to turn the page on the democratic turmoil of the last several years, and build back a better version of UK democracy that can in turn underpin a strong foreign policy push on open societies and human rights. Increasingly, domestic and foreign policy lines are blurred. Leadership at home and abroad could put standing up for democracy and human rights at the heart of the UK’s future identity.

     

    Joe Powell is the Deputy Chief Executive Officer of the Open Government Partnership. He joined OGP shortly after its founding, and has played a leading role in its growth to 78 member countries and thousands of civil society organizations, representing a strong global coalition for open government and democracy, and against authoritarianism and corruption. Joe leads the organisation’s strategy development, global advocacy, fundraising, and a wide range of partnerships with multilateral organisations, civil society organisations and governments. He leads engagement with OGP’s Steering Committee of ministers and civil society leaders, and is a regular spokesperson for the Partnership. In 2020, Joe was named an inaugural Obama Europe Leader, as part of the Obama Foundation’s mission to inspire, empower, and connect people to change their world. Joe also serves on the advisory council for the OECD Observatory of Civic Space, the advisory council of the Local Coalitions Accelerator, and on the Board of the Forum on Information and Democracy, an initiative of Reporters Without Borders. 

     

    [1] Sarah Repucci and Amy Slipowitz, Freedom in the World 2021: Democracy under Siege, Freedom House, https://freedomhouse.org/report/freedom-world/2021/democracy-under-siege

    [2] The Economist, Daily Chart: Global democracy has a very bad year, February 2021, https://www.economist.com/graphic-detail/2021/02/02/global-democracy-has-a-very-bad-year

    [3] Inaugural Address by President Joseph R. Biden, Jr., White House, January 2021, https://www.whitehouse.gov/briefing-room/speeches-remarks/2021/01/20/inaugural-address-by-president-joseph-r-biden-jr/

    [4] 2021 Open Societies Statement, G7 Cornwall UK 2021, June 2021, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1001132/2021_Open_Societies_Statement__PDF__355KB__2_pages_.pdf

    [5] National Crime Agency, National Strategic Assessment of Serious and Organised Crime, 2020, https://www.nationalcrimeagency.gov.uk/who-we-are/publications/437-national-strategic-assessment-of-serious-and-organised-crime-2020/file

    [6] Ibid.

    [7] Open Ownership, Early impacts of public registers of beneficial ownership: United Kingdom, April 2021, https://www.openownership.org/uploads/OO%20Impact%20Story%20UK.pdf; Transparency International, Out in the own: How public beneficial ownership registers advance anti-corruption, September 2021, https://www.transparency.org/en/news/how-public-beneficial-ownership-registers-advance-anti-corruption

    [8] Open Ownership, Worldwide commitments and action, https://www.openownership.org/map/

    [9] Beneficial Ownership Leadership Group, Open Ownership, https://www.opengovpartnership.org/beneficial-ownership-leadership-group/

    [10] Pandora Papers reporting team, Pandora Papers: Secret wealth and dealings of world leaders exposed, BBC Panorama, October 2021, https://www.bbc.com/news/world-58780465

    [11] Transparency International UK, Queen’s speech a missed opportunity to strengthen UK’s defences against dirty money, May 2021, https://www.transparency.org.uk/queens-speech-2021-uk-procurement-bill-property-register-companies-house-reform

    [12] Joseph Rudolph, Regulating The Enablers, Alliance for securing democracy, September 2021, https://securingdemocracy.gmfus.org/regulating-the-enablers/

    [13] Transparency International UK, Company law overhaul signals boost to fight against dirty money, September 2020, https://www.transparency.org.uk/companies-house-reform-latest-money-laundering-economic-crime

    [14] Centre for the Study of Corruption, To fix procurement, the UK has to open it up, University of Sussex, November 2020, https://blogs.sussex.ac.uk/centre-for-the-study-of-corruption/2020/11/30/to-fix-procurement-the-uk-has-to-open-it-up/

    [15] UK Parliament, Coronavirus: Protective Clothing – Question for Department of Health and Social Care, August 2021, https://questions-statements.parliament.uk/written-questions/detail/2021-08-18/hl2327

    [16] Cabinet Office, Green Paper: Transforming public procurement, Gov.uk, December 2020, https://www.gov.uk/government/consultations/green-paper-transforming-public-procurement

    [17] UK Anti-Corruption Coalition, Briefing on Transforming Public Procurement, April 2021,  https://www.ukanticorruptioncoalition.org/work/briefing-on-transforming-public-procurement

    [18] 2021 Open Societies Statement, G7 Cornwall UK 2021, June 2021, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1001132/2021_Open_Societies_Statement__PDF__355KB__2_pages_.pdf; Open Contracting Partnership, G7 commits to open and participatory public procurement reforms essential to ensure trillions of dollars for recovery aren’t wasted, September 2021, https://www.open-contracting.org/news/g7-commits-to-open-and-participatory-public-procurement-reforms/

    [19] Gov.uk, Review into the development and use of supply chain finance (and associated schemes) in government, Part 2: Recommendations and suggestions, August 2021, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1018176/A_report_by_Nigel_Boardman_into_the_Development_and_Use_of_Supply_Chain_Finance__and_associated_schemes__related_to_Greensill_Capital_in_Government_-_Recommendations_and_Suggestions.pdf

    [20] Committee on Standards in Public Life, Standards Matter 2: The Committee’s Findings, Gov.uk, June 2021, https://www.gov.uk/government/publications/standards-matter-2-the-committees-findings

    [21] Monitor: Tracking civic space, UK added to human rights watchlist over threats to peaceful assembly, September 2021, https://monitor.civicus.org/UnitedKingdom/

    [22] Friends of the Earth, Open letter to the Home Secretary and Secretary of State for Justice, March 2021, https://friendsoftheearth.uk/system-change/open-letter-home-secretary-and-secretary-state-justice

    [23] Tim Hughes, Democracy in flux: Reflections on a decade at Involve, Involve, September 2021, https://www.involve.org.uk/resources/blog/opinion/democracy-flux-reflections-decade-involve

    [24] RSF, 2021 World Press Freedom Index: Journalism, the vaccine against disinformation, blocked in more than 130 countries, 2021, https://rsf.org/en/2021-world-press-freedom-index-journalism-vaccine-against-disinformation-blocked-more-130-countries

    [25] Tim Hughes, Available now! Democracy in a pandemic: Participation in response to crisis, Involve, July 2021, https://www.involve.org.uk/resources/blog/news/available-now-democracy-pandemic-participation-response-crisis

    [26] CLES, The Preston Model, August 2013 – Ongoing, https://cles.org.uk/the-preston-model/

    [27] Tim Hughes, The democracy network: What it is, how it’ll work, and answers to other FAQs, Involve, June 2021, https://www.involve.org.uk/resources/blog/project-updates/democracy-network-what-it-how-itll-work-and-answers-other-faqs

    [28] The Cabinet Office, Photographic ID Research – Headline findings, IFF Research, March 2021, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/984918/Photographic_ID_research-_headline_findings_report.pdf

    [29] Jenna Corderoy, UK government spent half a million pounds on lawyers to fight FOI disclosures, Open Democracy, September 2021, https://www.opendemocracy.net/en/freedom-of-information/government-spends-hundreds-of-thousands-of-pounds-blocking-information-requests/

    [30] Paul Seddon, Official Secrets Act: Do government plans threaten investigative journalism?, BBC News, July 2021, https://www.bbc.co.uk/news/uk-politics-57998950

    [31] Sarah Allan, How we moved Climate Assembly UK online, Involve, May 2020, https://www.involve.org.uk/resources/blog/project-update/how-we-moved-climate-assembly-uk-online

    [32] Office for Artificial Intelligence, DCMS and BEIS, National AI Strategy, Gov.uk, September 2021, https://www.gov.uk/government/publications/national-ai-strategy

    [33] Rowland Manthorpe, UK government censured for a lack of transparency and accountability, Sky News, March 2021, https://news.sky.com/story/uk-government-censured-for-a-lack-of-transparency-and-accountability-12234248

    [34] Letter from Julia Lopez MP to Sanjay Pradhan, March 2021, https://www.opengovpartnership.org/wp-content/uploads/2021/03/United-Kingdom_Response-to-Under-Review-Letter_20210305.pdf

    [35] Kevin Keith, NAP 5 – Open Justice – Wk4 – Readout, UK Open Government, July 2021, https://www.opengovernment.org.uk/2021/07/20/nap-5-open-justice-wk4-readout/

    [36] Committees, New inquiry – Open Justice: Court reporting in the digital age, UK Parliament, September 2021, https://committees.parliament.uk/committee/102/justice-committee/news/157579/new-inquiry-open-justice-court-reporting-in-the-digital-age/

    Footnotes
      Related Articles

      Countering authoritarianism

      Article by James Rogers

      Countering authoritarianism

      Since the Financial Crisis in 2007-8, democratisation has stalled and even gone into reverse. Authoritarianism is proliferating worldwide, including even at the heart of Europe. According to Freedom House, a non-governmental organisation that measures the health of democracy around the world, the number of democracies peaked in 2007 and has not recovered.[1] Indeed, almost 75 per cent of the world’s population has experienced democratic backsliding over the past year.[2]

       

      For most of human history, authoritarian governments have been the norm. It was only in 1984 that the number of full democracies began to outnumber those of authoritarian regimes for the first time, and even then, the majority of the world’s countries were still governed by ‘partially free’ political systems.[3] From that point on to 2008, democratisation spread around the world, particularly after the fall of the Soviet Union.[4]

       

      Autocracies are particularly afraid of liberal democracy, to say nothing of the universalistic ethos (albeit within the particularity of the nation) behind it. If democracies ought to make the world safe for themselves, autocrats have to do the same. This results in a perpetual struggle between democracy and authoritarianism. Authoritarian regimes will always be a threat to democratic nations, particularly when they take control of large and powerful countries.

       

      Besides its own attraction, liberal democracy has spread globally because the world’s two leading powers for the past two centuries – the United Kingdom and United States – themselves have been relatively liberal and democratic. Even if, at the time of their primacy, they were imperfect, both countries have been significantly better than their authoritarian rivals, to say nothing of the repressive regimes in charge of Germany, Japan and Russia during periods of the twentieth century.

       

      Insofar as they have sought to resist authoritarian revisionists, both the UK and US have recreated elements of their domestic political orders at the international level, leading to the creation of an international order based on openness and expectations of peaceful change. Even if the rules behind this system benefited the UK and US above most other countries, they have shown that they have been willing to use their power to protect the sovereignty of many less-powerful nations.

       

      But the challenge posed by authoritarian regimes never subsided, even if it declined in severity in the 1990s and 2000s. Granted, Saddam Hussein’s Ba’athist regime posed a continued threat from Iraq throughout the 1990s, just as Slobodan Milosevic’s regime in Serbia remained a thorn in the side of the emerging Euro-Atlantic order. It also became clear how dangerous authoritarian regimes, such as the Taliban, could become if they allowed terror groups to use the territory under their rule to launch attacks on democracies.

       

      Nevertheless, for much of the post-Cold War era, the strategic challenge from authoritarianism was greatly diminished. Despite 9/11, the Taliban, to say nothing of the regimes in Iraq or Serbia, were never a strategic threat to liberal democracies in the way that the Third Reich, Militarist Japan or the Soviet Union were. Over the past five years, however, powerful authoritarian regimes – the Chinese Communist Party (CCP) in the People’s Republic of China (PRC) and Vladimir Putin’s kleptocracy in Russia – have either surged in strength or found ways to project power against less-powerful neighbours. A number of autocracies in smaller powers, such as Rwanda and the Gulf states, have also become emboldened. Authoritarian regimes are once again on the march.

       

      The contemporary authoritarian challenge to the international order

      After two decades of consolidation on Russia’s part, and three decades of sustained economic growth on the part of the PRC, the leading democracies are once again being challenged by powerful authoritarian regimes. Moreover, the globalisation of the 1990s and 2000s, having reduced the power and sovereignty of the democratic nation-state, has opened up a number of cracks and fissures in the leading democracies that the authoritarian powers have started to exploit. Indeed, the authoritarians have felt emboldened by the social problems in many liberal democracies, such as economic stagnation, political discord, and a lack of national self-confidence, as well as by taking advantage of the very openness of pluralistic, democratic political systems to spread disinformation and expand their influence.

       

      This is not to say that the nature of the challenge posed to liberal democracy by authoritarian regimes is uniform. On the contrary, it is different: some regimes only seek their own preservation – some even seek patronage from powerful democracies – while others become revisionist, and focus primarily on their own vicinities, but remain relatively weak, if irksome (so-called ‘rogue states’). The most dangerous authoritarian regimes are those which gain control of the largest and most powerful countries; they tend towards outright geopolitical revisionism, much as the Nazis or Soviets once did.

       

      Today’s leading autocracies – the PRC and Russia – have adopted different strategies for altering the international order. Both see the prevailing international order as antithetical to their interests and seek to dismantle it piece by piece. However, the CCP has developed a ‘counter-systemic’ strategy, whereas the Kremlin prefers an ‘anti-systemic’ drive.[5] The former involves disaggregating the prevailing order and replacing it with a new one, while the latter involves simply dismantling the prevailing order. Thus, a counter-systemic strategy can be likened to a true ‘great power’ strategy, while an anti-systemic drive is a poor man’s approach.

       

      The CCP’s counter-systemic strategy

      Despite predictions that its economy will slow down – which are almost certainly correct – or even collapse – which probably are not – the PRC has already reached a level of parity with the US that even the Soviet Union did not reach.[6] Although the US economy is set to remain the largest in the world for several more years, in many areas of industrial production, from steel to cars, the PRC has gained the ability to outproduce the combined industrial output of the US and several other leading democracies.[7] And this says nothing of the development of Chinese infrastructure: as of 2020, the PRC has built the longest motorway system in the world and has more than twice the length of high-speed railway in operation than the rest of the world put together.[8]

       

      This combination – the political determination to revise the established international order, connected to the material strength and the infrastructure of power – has given the PRC the means to reshape its own neighbourhood. The CCP’s agenda is counter-systemic. As the PRC grows in strength, the CCP has used its power to turn the international environment to its own advantage. This can be seen by CCP actions in the South China Sea, where a number of illegitimate or excessive maritime claims have been made, backed by military force in the form of artificial islands and a significant naval modernisation programme.

       

      The CCP’s revisionism can also be seen through attempts to reshape international organisations such as the G77 and through geostrategic initiatives such as the so-called ‘Belt and Road Initiative’ (BRI), Beijing’s innocent-sounding metaphor for a vast Chinese geostrategic project to re-engineer the economic and political geography of Eurasia, as well as parts of Africa. Primarily, the BRI involves the construction of infrastructure, not least in terms of ports, roads and railways, often to facilitate the extraction of raw materials from target countries to the PRC or draw them into Beijing’s geopolitical orbit. As Charles Parton, a James Cook Associate Fellow in Indo-Pacific Geopolitics at the Council on Geostrategy, explains:

       

      “If BRI is not a geopolitical strategy, it is a geopolitical stratagem. It worries foreign countries into thinking that they must choose: either play along with Chinese positions and thus benefit economically, or miss out — even be punished — if they go against it.”[9]

       

      Moreover, other forms of subtler CCP political influence often follow in behind, from Confucius Institutes and Chinese television programmes to attempts to influence foreign political parties.[10] This is not a supplementary outcome but central to the BRI: the CCP considers democracy to be a threat to its reign; therefore, the CCP seeks to degrade democratic politics and undermine powerful democratic countries like the UK and US, which it sees as obstructions to its international agenda.[11]

       

      The Kremlin’s ‘anti-systemic’ approach

      At the same time Russia, under the murky and kleptocratic leadership of Vladimir Putin, has also grown increasingly revisionist, particularly in relation to Eastern and Central Europe. But the Kremlin has a different set of objectives to the PRC. Granted, like the CCP, Russia’s kleptocracy sees liberal democracy as a threat to its existence, particularly in smaller countries around Russia’s borders, countries which, with democratic rule, may prove inspirational to the Russian people. But unlike the PRC, Russia lacks the material power to push back against the leading liberal democracies in the Euro-Atlantic area. Unlike the CCP’s counter-systemic offensive, the Kremlin’s approach is ‘anti-systemic’. Whereas the CCP seeks to rewrite the rules of the international order in accordance with its own interests, Putin’s kleptocracy seeks only to degrade or scramble them.

       

      Since the early-2000s, the Kremlin has used oil and gas revenue to strengthen its hold over Russia and modernise the Russian armed forces, which it has used to invade and weaken surrounding countries when they have taken decisions which might lead them towards a more liberal and democratic future. The Kremlin has also undertaken a plethora of activities designed to undermine the Euro-Atlantic structures, degrade liberal democracy in countries surrounding Russia, negatively reposition countries on the international stage, and humiliate democratic governments, often through forms of ‘wet work’ – using radioactive poison and nerve agents.[12]

       

      Other authoritarian regimes

      Other autocracies also pose a threat to liberal democracy and the prevailing international order. None are as influential as the PRC and Russia, but this does not mean they do not pose a challenge in their own right. The stale absolutist monarchies of the Middle East frame liberal democracies as threats to Islam, while they encourage jihadi Islamism as an escape route for their peoples’ frustration. They also attempt to influence the political systems or undermine democratic forces in neighbouring countries, such as Tunisia, Sudan, Egypt and Libya over the past decade. At the same time, such regimes are susceptible to Russian and CCP influence, which can be expected to grow alongside Chinese and Russian material power and strategic successes, particularly if the democracies fail to push back or offer an alternative to authoritarian government.

       

      How should the liberal democracies respond?

      Not only have the liberal democracies been slow to respond to the recent surge in authoritarianism, but they have also grown more timorous and insular in recent years. This combination makes them particularly vulnerable insofar as the CCP and Putin’s kleptocracy see themselves as locked into a period of sustained competition with liberal democracy.

       

      Irrespective of the type of revisionism – whether anti- or counter-systemic – liberal democracies need to enhance their resilience and ability to compete with authoritarian power. They need to promote critical thinking in schools and universities so that the next generation of citizens is able to better detect propaganda and disinformation spread on social media from abroad. Liberal democracies would also do well to encourage civic and national engagement, even patriotism, to generate the ‘we-feelings’ on which democracy depends. They should also adopt stiffer sanctions – such as new treason laws – to deter collusion between their citizens and authoritarian regimes. A liberal democracy that does not believe in itself or its right to exist, or which fails to protect itself, will not last for very long when confronted by a ruthless autocracy.

       

      But resilience and competition has to go hand-in-hand with measures to protect the economies of liberal democracies from corrupting influences or financial loopholes which most citizens would consider to be unethical – many practices which the so-called Pandora Papers of autumn 2021 revealed. Part of liberal democracy’s attraction and success is that it can generate a relatively transparent, stable and rules-based environment for the production of economic wealth. If a liberal democracy fails to uphold economic transparency, allows wealthy citizens to undertake unethical financial practices, or fails to prevent authoritarian regimes from getting inside and spreading corruption within its economic system, less-fortunate citizens (or the citizens of developing and/or authoritarian countries) may conclude that life is better under more economically successful autocratic political systems. They may then vote for or support parties or political leaders with illiberal or authoritarian agendas.

       

      At the same time, the leading democracies ought to double down on upholding an open international order. As HM Government’s Integrated Review explains, insofar as the post-Cold War ‘rules-based international system’ has been undermined by the authoritarian regimes’ anti- and counter-systemic actions over the past decade, it is now vital to prevent them either from closing parts of the international order off or creating authoritarian spheres of influence.[13] Besides rebuilding their military strength to deter autocratic revisionism, the leading democracies ought to push forward with organising themselves in new geopolitical groupings and coalitions, particularly to push back against authoritarian powers. The UK has already experimented with this idea, having invited Australia, India, South Africa and South Korea to attend the G7 Leaders’ Summit in 2021 – forging a ‘Democratic 11’ grouping. Australia, the UK and US also formed AUKUS to empower themselves in the Indo-Pacific – a move widely welcomed by important democratic partners such as Japan and Taiwan. President Joe Biden may also have an even broader coalition in mind with his proposal for a Summit of Democracies.

       

      Moreover, liberal democracies could do more to coordinate their aid programmes and render them more effective for changed circumstances, namely a world of growing competition with autocratic rivals. This would involve coordinated systemic pushback against the CCP’s BRI through infrastructural development and the greening of developing countries’ economies (increasingly, liberal democracies must prove themselves the most effective at promoting environmentalism). Further, liberal democracies would do well to start rethinking international development to allow for greater resources to be spent on promoting liberal democracy around the world, or strengthening it in countries where it is under pressure.

       

      Finally, liberal democracies ought to remember their own contingency and how precarious they are once constituted. It is often forgotten that liberalism is a potentially totalising ideology, while democracy can potentially descend into rule by the mob. As such, liberalism and democracy are often in competition with one another: it is only when the two are kept in balance that liberal democracy is born, affording a degree of protection for the individual within a decision-making process underpinned by the legitimacy afforded by majoritarian but constitutional rule. Thus, rather than a product of teleological forces – an idea which gained traction in the aftermath of the Cold War – a functioning liberal democracy is a constructed political formation. Any policy or decision which might unsettle the delicate balance between liberalism and democracy (and the nation) should be carefully considered before attempted implementation – authoritarians revel in discord in democracies because it can be portrayed as structural failure.

       

      James Rogers is Co-founder of the Council on Geostrategy, dedicated to help make the United Kingdom, as well as other free and open countries, more united, stronger and greener.

       

      [1] Freedom House, Country and Territory Ratings and Statuses 1973-2021, 2021, https://freedomhouse.org/sites/default/files/2021-02/Country_and_Territory_Ratings_and_Statuses_FIW1973-2021.xlsx

      [2] Sarah Repucci and Amy Slipowitz, Democracy under siege, Freedom House, 2021, https://freedomhouse.org/report/freedom-world/2021/democracy-under-siege

      [3] Freedom House, Country and Territory Ratings and Statuses 1973-2021, 2021, https://freedomhouse.org/sites/default/files/2021-02/Country_and_Territory_Ratings_and_Statuses_FIW1973-2021.xlsx

      [4] Ibid.

      [5] James Rogers and Alexander Lanoszka, A ‘Crowe Memorandum’ for the twenty-first century, Council on Geostrategy, March 2021, https://www.geostrategy.org.uk/research/a-crowe-memorandum-for-the-twenty-first-century/

      [6] According to the Central Intelligence Agency, the Soviet economy peaked at 57% of the US economy in 1975. See: ‘A Comparison of the US and Soviet economic systems: Evaluating the performance of the Soviet system’, Central Intelligence Agency, October 1985, https://www.cia.gov/readingroom/docs/DOC_0000497165.pdf’ Today, China’s economy is 70% the size of the US economy. See: GDP (current US$), World Bank, 2020, https://data.worldbank.org/indicator/NY.GDP.MKTP.CD?locations=CN-US

      [7] See: Crude steel production, World Steel Association, January 2021, https://www.worldsteel.org/en/dam/jcr:2c63e7db-41b9-4441-b7b6-d702f02efbf2/December%25202020%2520crude%2520steel%2520production.pdf; Car production, Organisation Internationale des Constructeurs d’Automobiles, March 2021, https://www.oica.net/wp-content/uploads/OICAquestionnaire-Q1-2021.xlsx.

      [8] Of the 56,129 km of high speed track in operation globally, the PRC accounts for 38,283 km. See: Atlas of High Speed Rail 2021, International Union of Railways, 2021, https://uic.org/IMG/pdf/uic-atlas-high-speed-2021.pdf.

      [9] Charles Parton, Belt and Road is globalisation with Chinese characteristics, Financial Times, October 2018, https://www.ft.com/content/3c437b42-c6f8-11e8-ba8f-ee390057b8c9

      [10] See, for example: Didi Tang, Hi-Yah! Beijing sells kung-fu to Africa, The Times, September 2021, https://www.thetimes.co.uk/article/chinese-tv-makes-inroads-into-africa-90btzpdwm; and How China’s Communist Party trains foreign politicians, The Economist, December 2020, https://www.economist.com/china/2020/12/10/how-chinas-communist-party-trains-foreign-politicians

      [11] See, for example, the infamous ‘Document 9’, where the CCP explains in detail why liberal democracy is a threat to its existence. Document 9: A ChinaFile Translation, ChinaFile, November 2013, https://www.chinafile.com/document-9-chinafile-translation

      [12] Andrew Foxall, How Russia positions the United Kingdom, Council on Geostrategy, April 2021, https://www.geostrategy.org.uk/research/how-russia-positions-the-united-kingdom/

      [13] Cabinet Office, Global Britain in a Competitive Age: the Integrated Review of Security, Defence, Development and Foreign Policy, Cabinet Office, March 2021, https://www.gov.uk/government/publications/global-britain-in-a-competitive-age-the-integrated-review-of-security-defence-development-and-foreign-policy/global-britain-in-a-competitive-age-the-integrated-review-of-security-defence-development-and-foreign-policy

      Footnotes
        Related Articles

        Anti-corruption and open societies

        Article by Phil Mason

        Anti-corruption and open societies

        It is not by accident that the most common metaphor in anti-corruption is the contention that ‘sunlight is the best of disinfectants’. It was popularised by soon-to-be US Supreme Court justice Louis Brandeis in a 1914 treatise on the importance of openness in public affairs.[1] Since then, shining a spotlight on the doings of those who are in positions of power has been the idea central to strategies for tackling corruption.

         

        Openness and anti-corruption go hand in hand. In some societies, corruption became defined by its very antithesis to openness. According to an Africanist colleague, in Mali they had no term for corruption. It was simply said to be ‘a gift that is given in the dark’.

         

        It is no accident either that in standard models of what constitutes ‘good government’, the notion of openness dominates. DFID’s seminal 2006 White Paper Making Governance Work for the Poor put forward three attributes: Capability (the ability to get things done); Accountability (the expectation that citizens should have the means, and be able, to judge the performance of their government); and Responsiveness (the expectation that governments should respond to the needs and rights of their citizens).[2] This CAR lens remains the simplest and most concise statement of what is needed for effective governance. And the last two are all about the openness of the relationship between rulers and ruled.

         

        We also see strong evidence for a positive correlation between open societies and the low prevalence of corruption. For any metric there is about ‘good’ government, whether it be the measure of the quality of public administration and service delivery, the competitive fairness of elections, the accessibility to justice, the respecting of human rights or, indeed, the very peacefulness and stability of the society itself, there is always a direct connection. The ‘better’ the quality of government, the lower corruption tends to be.

         

        The inaugural publication in 2021 of the Good Government Index, from the Chandler Institute of Governance, illustrates this linkage well.[3] Offering one of the broadest assessments of state attributes – 34 separate indicators – the Index finds that the single one that most strongly mirrors a country’s overall ranking on the Index is how it fares on anti-corruption. In other words, it is almost guaranteed that where government works better, corruption is lower. And as we see from the CAR principles, openness is key to that good governance.

         

        Exposing corruption

        The most common approach for exposing corruption focuses on directly searching out corrupt practice. There are then efforts to punish it alongside ‘prevention’ actions that identify specific weaknesses in systems that allow the practice to occur and devise controls specifically to stop them.

         

        This has become the preferred orthodoxy for anti-corruption practitioners, especially international donors offering help to developing countries. This often leads to the writing, and passing, of legislation outlawing corruption and the creation of specific enforcement institutions – anti-corruption commissions – with mandates to search it out and prosecute it. Donors have queued up to provide the technical training and kit these institutions require.

         

        Yet, after nearly 30 years of doing this, the general consensus is that few countries have made much headway through this approach. Dozens of, for the most part dysfunctional, anti-corruption agencies lie strewn across the globe. Too often they have been expertly neutered by the very forces they are set up to confront, or by an ineffective justice system. Worse, some have been used by the incumbent power to pursue vendetta against political opponents.

         

        This dispiriting lack of success has led to questions about the validity of a ‘direct’ strategy of this kind. A second, emerging, view places greater importance on the strengthening of the surrounding governance environment. It suggests that to secure gains against corruption we need to think more strategically and indirectly.

         

        Clues about what this means can be found in the history of how societies have transformed in the past. A celebrated study by Swedish political scientist Bo Rothstein of how his own country transitioned in the nineteenth century from a ‘thoroughly corrupt’ society to its modern form, with its reputation for low corruption, resonates extraordinarily closely with the modern concepts of what it is to be an ‘open society’.[4]

         

        The reforms themselves were not directed at corruption itself. They aimed, rather, to open up Swedish society, to make the organs and processes of government (in CAR terms) more accountable and more responsive to the citizenry (and at the same time more capable by ensuring, for example, that public post holders merited, not simply bought, their appointments). In doing all this, corruption shrivelled away.

         

        More than 20 reforms opened up the management of public functions to merit-based appointees, their endeavours subjected to increased public scrutiny through both greater official oversight –

        by the creation of new levels of regional and local governance – and from an increasingly better informed public through access to an unrestricted media and universal education.

         

        Of greatest importance, according to Rothstein, was how ‘the whole idea of what it meant to be a civil servant changed’. The creation of an ethos of public service seems to have been core to eventual success. A post in public office ceased to be considered – by the post holders themselves and, crucially, by the expectations of the wider public – as a possession for extracting personal benefits.

         

        The picture is a stark contrast to current practitioner orthodoxy that lays all its bets on writing ever more sophisticated rules and regulations against corruption and constructing institutions to go and hunt for malpractice. Rather than such explicit anti-corruption actions ‘cleaning up’ bad institutions, the reduced corruption in nineteenth century Sweden essentially turns out to have been a by-product of structural reforms that opened up Swedish society. More recent examples have been identified that also show the same phenomenon, in countries as varied as Chile, Costa Rica, Estonia and Taiwan, with corruption falling off as the effect of other systemic changes.[5]

         

        New pathways

        This is a powerful signal that our current approach against corruption, overly-focused on directly attacking it through law enforcement, is not enough. While there should be continued effort at direct efforts to expose and punish corruption, embracing an ‘open societies’ perspective could help extricate ourselves from the current position where ground seems to be being lost. Such an approach opens up possibilities of less explicit routes to solving the problem.

         

        An open societies perspective could be based on three strategic foundations: improving accessibility (the openness to all of state perquisites and services); civic voice (empowering people in their relationship with their governments by increasing the sense of obligation of those in power to take account of public sentiment); and accountability (the obligations owed by authority to its people).

         

        Accessibility

        The concept of increasing accessibility must embrace both state functions themselves and the availability of information about those functions. It means, for example, ensuring that the recruitment to the public service is by open competition, impartially managed and with appointments based on merit. It also means cultivating a strong ethos of public service.[6]

         

        Access to publicly-funded contracts should similarly be based on open competition, with procurement opportunities widely advertised, assessment criteria published and the results of contract awards published.[7] Transparency can be further augmented by systems for divulging the beneficial ownership of companies, including property holding in the company’s name, and any contributions that they make to the financing of party politics. There is convincing evidence, also, that using open digital platforms to manage public procurement has led to better outcomes both in terms of opening up access to a wider pool of potential suppliers and by improving value for money.[8]

         

        The release of information about state finances, along with processes that enable meaningful public scrutiny, is another cornerstone as is the disclosure of relevant information about public officials, especially government ministers and members of parliament, that help to identify potential conflicts between public function and private interests.[9]

         

        For the vast majority of countries, a lack of openness about the cost of party political financing is a significant barrier against exposing corruption as well as restricting access to political office itself, as the work by WFD on the ‘cost of politics’ shows.[10] The high outlays required of individuals not only excludes large swathes of potential candidates from competing for elected office but those who do succeed often find themselves looking to corruption to recoup their costs while in office. At the organisation level, the financing of political parties through private sector donations not only offers direct opportunities for private interests to influence public sector decision-making, but also provides strong incentives for those contributors to seek to recover their costs through corruption.

         

        Civic voice

        Enabling a strong civic voice to influence and shape how public affairs are conducted is crucial to overcoming the impunity of officialdom that characterises high corruption environments – the belief that there will be no consequences from being corrupt. A public that is able to bring about a consequence for corrupt behaviour becomes an interest group that those holding (or seeking) public office need to take account of.

         

        Creating an environment where consequences follow exposure of corruption is a long term endeavour. It is about constructing feedback loops, for example, between citizens and their administrators, through direct remedy approaches such as ombudsman offices, or indirectly through their parliamentary representatives. The use of parliamentary structures for citizen engagement on anti-corruption is often underdeveloped and could be making a stronger contribution, for example through ensuring key committees conduct their work in public, by bringing research and analysis more systematically to the attention of parliamentarians, and developing stronger media coverage of parliament and its relevance to public affairs.[11] The ambition is to reach a norm such that the corrupt incur political disadvantage.[12]

         

        Accountability

        Arguably, parliament also sits at the heart of the third and final theme, accountability. Most obviously, ensuring the integrity of elections is key, including the fraught questions around campaign financing. But while significant attention is frequently paid to these, much less tends to be given to the workings of parliament itself as the national cockpit, the intersection of authority with its public.

         

        It is in parliament, especially through its scrutiny role, that accountability can be embodied in actual practice. Most formal institutions of oversight – Auditors-General, Inspectorates and other Regulators, and independent commissions such as those for Anti-Corruption and Human Rights – usually report to it. By strengthening both the capacities of these bodies to undertake their assessments of state functioning and the parliamentary processes that can be used to give airings to their findings and recommendations, practical effect can be given to their work. The working relationship between parliaments and independent oversight institutions is crucial. Granting and ensuring the independence of such institutions, both through legal status and practical financial autonomy, is a vital function of parliaments. Ensuring competent leadership of these bodies, and giving effect to their reports and findings are also pivotal roles. WFD has developed guidance that provides a clear practical pathway to creating a strong symbiotic relationship.[13] Consequences can then flow from discovered corruption, and deterrence can be built against future misbehaviour.

         

        A way forward

        Current donor support for anti-corruption, focusing as it does predominantly on direct law enforcement training, finds itself in a cul-de-sac. A fresh perspective is required, and both targets and methods need to change.

         

        While not completely abandoning support for the technical requirements of law enforcers, it is vital to see such work as just one part of a broader effort against corruption. Enforcement action against individual occurrences of corruption is only part of the solution. On its own it cannot change the fundamentals that drive and sustain corruption in the first place.

         

        Historical evidence points to the positive anti-corruption effects of openness in its multifarious forms. The barriers such openness creates against being able to be corrupt tackle the heart of the current shortcomings of practitioners. For these routes to prevention are about more than simple knowledge about how to combat corruption, conveyed in technical training courses and recognised with diplomas and certificates; they are about understanding, and reshaping, the motivations and incentives that underlie corruption, in order to foster different behaviour.

         

        Recommendations

        1. Strengthen assistance that is focused on building social capital that can challenge authority and demand accountability. Where space for civic action is under threat, support is explicitly needed to protect it, including action to safeguard those who seek to defend human rights and pursue the exposure of corruption.
        2. Think innovatively about the institutions capable of influencing anti-corruption in society particularly those that (i) can shape public attitudes to social norms regarding corruption and (ii) that can add anti-corruption to their existing areas of attention (for example, national human rights commissions; bodies and associations overseeing professional standards in areas such as the public service, law and accountancy, and the media). How such bodies can become more independent of the incumbent power is a crucial dimension to address.
        3. Supplement the current orthodoxy of technical training focused on investigating and prosecuting corruption with more politically-informed support aimed at identifying the incentives that drive behaviour and designing measures to disincentivise this behaviour. Political economy analysis is vital to revealing the underlying dynamics that help to sustain corruption in spite of increased knowledge and training that has been provided over decades on how to combat it.
        4. Support for ensuring the integrity of elections, election campaigning, and reducing the cost of politics, combined with strengthening the constructive role of parliaments in combatting corruption and strengthening integrity policies, including through corruption proofing of legislation, stronger use of parliamentary committees for oversight of the executive and inclusive and strengthened interaction between parliaments and other stakeholders, such as independent oversight institutions and civil society.
        5. Donors providing external assistance need to align their modes of practice with the time cycles of those they seek to help. Too often, assistance is given in packets that are too small, too narrowly focused and for too short a duration to be realistically able to effect long-term change. Adopting more flexible, iterative approaches to programming where the effects of interventions are quickly identified and absorbed rapidly, enabling changes to be introduced in response, is critical since those pursuing corrupt gains have been shown to be highly skilled at adapting themselves to keep ahead of controls. As a minimum, UK should extend its planning and delivery horizons to reflect the long-term nature of change that is being supported, and restore the ten-year programming frameworks previously used by DFID.

         

        Phil Mason is an independent anti-corruption specialist. He was senior anti-corruption adviser in the UK Department for International Development from 2000 until 2019. He served in the UK public service for 35 years, 31 of them in DFID and its forerunner the Overseas Development Administration. He was awarded an OBE in 2016 for services to the UK’s international anti-corruption policy.

         

        [1] Brandeis, Louis (1914). Other People’s Money And How the Bankers Use It. New York: Frederick A Stokes (opening a chapter entitled ‘What Publicity Can Do’).

        [2] DFID, Eliminating world poverty: making governance work for the poor, Gov.uk, July 2006, www.gov.uk/government/publications/eliminating-world-poverty-making-governance-work-for-the-poor

        [3] Chandler Good Government Index, The Chandler Good Government Index 2021, www.chandlergovernmentindex.com

        [4] Rothstein, Bo (2011). Anti-corruption: the indirect ‘big bang’ approach, Review of International Political Economy, vol. 18, no. 2, pp. 228-250 (23 pages), https://www.jstor.org/stable/23050624

        [5] Mungiu-Pippidi, A., Johnston, M., and Dana, C.A. (2017). Transitions to Good Governance: Creating Virtuous Circles of Anti-Corruption. Elgar Publishing. Analysed at www.globalanticorruptionblog.com/2018/03/07/two-essential-volumes-on-corruption/

        [6] This is to be distinguished from mere ‘ethics’ training, a popular approach to cultivating better attitudes in public officials but which often barely scratches the surface of the requirements of a ‘public service ethos’.)

        [7] The Open Contracting Partnership offers support on all aspects of open procurement, see website: www.open-contracting.org

        [8] Such as the Prozorro system in Ukraine, see website: www.prozorro.gov.ua/en 

        [9] Initiatives supporting such efforts include the International Budget Partnership which brings together civil society, media and parliamentarians to improve budget openness and analysis, see website: www.internationalbudget.org; the Global Initiative for Fiscal Transparency which supports dialogue between governments, civil society and other stakeholders on key elements of budgetary accountability, see website: www.fiscaltransparency.net; and the Open Government Partnership assists governments to build a culture of openness of public administration, see website: www.opengovpartnership.org.

        [10] WFD, Cost of Politics, www.wfd.org/research/cost-of-politics/

        [11] Phil Mason, Rethinking strategies for an effective parliamentary role in combatting corruption, WFD, April 2021, https://www.wfd.org/wp-content/uploads/2021/04/Rethinking-strategies-for-an-effective-parliamentary-role-in-combatting-corruption-1.pdf; and Heather Marquette, Doing anti-corruption democratically, WFD, May 2021, https://www.wfd.org/wp-content/uploads/2021/05/Doing-anti-corruption-democratically.pdf

        [12] The parliamentary expenses scandal of 2009 in the UK, for example, resulted in only a handful of criminal prosecutions but around one third of the entire membership of the House of Commons decided not to contest their seats again at the General Election the following year because of the reputational damage caused to them by the public outcry.

        [13] Jonathan Murphy and Franklin De Vrieze, Independent oversight institutions: a guide for parliaments, WFD, March 2020, www.wfd.org/2020/03/02/independent-oversight-institutions-a-guide-for-parliaments/; and Franklin de Vrieze & Luka Glušac, Combatting Corruption Capably – assessment framework on parliament’s interaction with anti-corruption agencies, WFD, November 2020, www.wfd.org/2020/11/09/combatting-corruption-capably/

        Footnotes
          Related Articles

          Supercharging UK support to the rule of law abroad

          Article by Murray Hunt

          Supercharging UK support to the rule of law abroad

          The rule of law and the Integrated Review

          The rule of law’s place in the Integrated Review is something of a walk on part.[1]

           

          Alongside a commitment to universal human rights, free speech, fairness and equality, the rule of law is identified as one of the “shared values” said to be fundamental to our national identity, democracy and way of life, helping to bind the UK together as a nation state.[2] As well as playing this constitutive role at the national level, a shared belief in the rule of law is also said to be one of the “common values” that underpins the UK’s key strategic alliance with its number one friend, the US, together with a shared belief in democracy and fundamental freedoms.[3]

           

          The role envisaged by the Integrated Review for these shared essential values that underpin both the UK itself and its key strategic alliances is akin to that played by “directive principles of state policy” in some post-imperial written constitutions – they “will continue to guide all aspects of our national security and international policy in the decade ahead.”[4] The chapter on the “force for good agenda” arguably goes a little further. Promoting the rule of law is expressly referred to there as one of the “priority actions” in the Government’s strategy of being a force for good in the world by supporting open societies, alongside promoting effective and transparent governance and robust democratic institutions.[5]

           

          None of this feels particularly new. As Sir Simon Fraser, former Head of the Foreign Office, has observed, there is a striking degree of continuity in the new Strategy’s familiar advocacy of a British foreign policy with global reach, committed to the values of liberal democracy, trade, the rule of law and the expression of soft power.[6] The UK already supports the rule of law abroad in a variety of ways, too many to mention here. It defends and promotes the rule of law through its membership of a range of international organisations, including the UN, NATO, the Commonwealth, the OSCE and the Council of Europe. It funds the Rule of Law Expertise UK (ROLE UK) programme, for example, run by Advocates for International Development (A4ID), which supports partnerships to provide pro bono legal and judicial expertise with the aim of strengthening the rule of law in Official Development Assistance-eligible countries, although the future of that programme when its current funding ends in March 2022 is in doubt;[7] and the Westminster Foundation for Democracy, which supports the development of democracy around the world.[8] Other rule of law support is provided through human rights and democracy programmes or through research funding from funds like the Global Challenges Research Fund, although such funding has been significantly reduced this year due to the reduction in the aid budget from 0.7 per cent to 0.5 per cent GNI.[9]

           

          The Integrated Review therefore only appears to offer continuity in relation to the rule of law, and on a reduced budget at that. There is very little in the Review to connect the rule of law as part of the vague values agenda to the Review’s much more ambitious aspiration to shape the open international order of the future.

           

          Should those who believe that there is a smarter way for the UK to support the rule of law abroad settle for business as usual, with less money? Or is there a risk of a major missed opportunity here – an opportunity for the Integrated Review, and the strategies that will follow it, to supercharge the UK’s support for the rule of law abroad in a way which would make badly needed global leadership on the rule of law a plausible claim for Global Britain?

           

          The case for supercharging

          The commitment in the Integrated Review to be proactive in reshaping the international order by supporting open societies provides an opportunity for a strategic step-change in the UK’s support for the rule of law abroad. The case for seizing that opportunity is overwhelming.

           

          First, as President Biden has recently acknowledged in his remarks on the US’s withdrawal from Afghanistan, the era of militarily-enforced rule of law building is over.[10] This geopolitical turning point, which the Integrated Review failed to anticipate, has profound implications for the post-Brexit aspiration to be Global Britain. By exposing the limits of the UK’s power and influence in the world, even over its closest ally, events in Afghanistan have rudely revealed the nakedness of that rhetorical slogan before it had a chance to get any clothes on. Rule of law strengthening in ungoverned spaces cannot be done by force. Much smarter rule of law leadership is required, deploying not military power but the soft power of influence and assistance.

           

          Second, international leadership on the rule of law is nevertheless still badly needed in the face of multiple challenges, as the Integrated Review itself acknowledges: growing authoritarianism in a number of states, the persistence of extremist ideologies, and the recent sense of drift while previous global leaders on rule of law have been distracted by domestic political upheaval.

           

          Third, weak rule of law remains one of the most important and fundamental global challenges: stronger rule of law is a precondition of meeting so many of the most pressing challenges the world faces – climate change, pandemics, terrorism, modern slavery, poverty and illicit finance for example. Effective and just responses require strong legal frameworks and well-functioning legal systems.

           

          Fourth, the UK’s meta-commitment to “a rules-based international order” is best understood as itself a manifestation of its commitment to the rule of law. The rule of law in the international order is after all, as Tom Bingham described it, “the domestic rule of law writ large”.[11]

           

          Fifth, the UK is well placed to develop a genuine USP on the rule of law. As the home of Magna Carta, which is universally identified with the very idea of the rule of law, a stable legal system including incorruptible and robustly independent judges, and a generally deserved reputation for being on the whole a rule of law-regarding nation, the UK can very plausibly claim the rule of law to be one of its most important assets when it comes to international influence.[12] Former Foreign Secretary Dominic Raab clearly had this in mind in his Aspen Security Conference speech in March when he referred to the strength of the UK’s institutions and its knack for creating enduring systems, describing the rule of law as “perhaps our greatest contribution … the sacred principle, the foundation of order at home and abroad … a particularly British tradition with global appeal.”[13] If combined with an awareness of the need to avoid distorted, one-dimensional historical narratives, and an appropriate humility in recognising that other cultures have also made important contributions to the very idea of the rule of law, the UK clearly has some leadership capital.[14]

           

          Finally, the UK’s support for rule of law abroad would benefit from integration in a number of senses. Integrating overlapping strands that make up the values agenda would make for a more coherent strategy on human rights, democracy and rule of law, in which, for example, the importance of electoral courts to the protection of democracy is a clear strategic priority because of the confluence of the rule of law, democracy and the fundamental right to vote. Integrating the FCO’s respected expertise on the international rule of law with DFID’s accumulated wisdom about the importance of local culture, context and politics when trying to strengthen governance in other countries would also help to avoid the ever-present risk of rule of law imperialism, as well as joining up too often fragmented rule of law work by different departments.[15]

           

          What would supercharged UK support for rule of law look like?

          The international rule of law leadership to which the UK aspires requires more than the easy rhetoric of Global Britain. It requires a long-term, strategic approach, including resources, thought leadership, collaboration, better use of data and an underpinning architecture ensuring that rule of law policy is properly informed by independent and robust evidence, research and analysis. It also requires the UK to make sure its own house is in order. States claiming to be capable of international leadership will be judged by the values they purport to champion. Contempt for or carelessness about the international rule of law, such as that shown in the UK Internal Market Bill authorising breaches of international law, are not compatible with claims to be international rule of law leaders.[16]

           

          What is urgently needed, in short, is a new, smarter and more imaginative approach to global rule of law leadership by the UK. Against the background of a clear assessment of the effectiveness of previous UK support for the rule of law abroad, an integrated Strategy on Human Rights, Democracy and the Rule of Law should be drawn up, grounded in a clear and robust definition of what the Government understands the rule of law to mean in practice, enabling it to move beyond rhetorical claims about the rule of law and to defend and argue for substantive outcomes that the rule of law requires. Such an integrated strategy would provide a platform for an internationally collaborative, consensus-building approach, working closely with allies in every international forum, and engaging directly with states where the rule of law is under threat from current authoritarian governments, supported by the highest quality data, evidence and research.

           

          Here are some concrete recommendations about how to get there.

           

          Recommendations

          1. Assess the effectiveness of UK’s aid spending on rule of law

          The Independent Commission for Aid Impact should review the UK’s approach to strengthening the rule of law through the aid programme, similar to its recent review of the UK’s approach to tackling modern slavery.[17] This would provide the first systematic assessment of the effectiveness of the UK’s overall aid spending on the rule of law and would provide a baseline for evaluating the success of future efforts.[18] In keeping with the rule of law’s relative Cinderella status, democracy and human rights currently feature in ICAI’s future work plan, but not rule of law.[19] ICAI’s upcoming review of democracy and human rights should be expanded to include rule of law.

           

          1. Use the Open Societies Strategy as an opportunity to formulate the UK’s first integrated Strategy on Human Rights, Democracy and the Rule of Law

          To achieve a strategic step-change in the UK’s interconnected work to promote human rights, democracy and the rule of law there must first be an integrated strategy. The rule of law is always right up there with democracy and human rights when it comes to broad assertions of the values to which the UK and its allies are committed.[20] But when we look for the detailed strategies, the delivery plans, the machinery of government, the research and analysis, the monitoring and evaluation, the benchmarks and the indicators, the reports to Parliament, the checks on aid funding – all the things that are required to give practical effect to a fundamental strategic commitment – the rule of law becomes rather elusive.

           

          The lack of an integrated strategy is an increasingly frequent criticism of the Government’s approach.[21] FCDO’s explanation of why it reports to Parliament on its human rights and democracy but not its rule of law work is that the rule of law is a thread that runs through all human rights and it therefore would neither be informative nor helpful to separate out and report on rule of law strands in its human rights and democracy work.[22] That is an equally powerful argument for an integrated strategy covering all three of these overlapping and interlocking values. In its forthcoming consultation on its Open Societies Strategic Framework the Government should consult about the benefits and risks of adopting such an integrated strategy. An integrated strategy would facilitate a smarter ‘democratic rule of law’ approach, in which the democratic branches are acknowledged to have an important role to play in upholding the rule of law. It would shine a light on policy gaps, such as the lack of rule of law check similar to the Human Rights and Gender Equality check on all UK funded aid programmes. It would also provide a framework for crucial reporting, monitoring and evaluation, which will enhance democratic accountability for this important work.

           

          1. Move beyond rule of law rhetoric by adopting the Venice Commission’s definition of the rule of law and defending it against competing authoritarian conceptions

          The Government recently resisted the Foreign Affairs Committee’s recommendation that it should provide a clear definition of what it means by the rule of law, on the ground that it is “a difficult concept to define with consistency” and is often misused by leaders of authoritarian governments who control both the making and the application of the law in their states.[23] The Government’s position on the difficulty of defining the rule of law with consistency is curious. Of course it is true that authoritarian states will claim to be complying with the rule of law, using a much narrower and formalistic conception of it. But not to contest that narrow conception, by robustly arguing for a broader one, is an abdication of rule of law leadership. There is now a very broad consensus about the core meaning of the rule of law which the UK Government should be prepared to defend. The Rule of Law Checklist, drawn up by the Council of Europe’s Venice Commission for Democracy through Law, contains a detailed account of what the rule of law means as a practical concept.[24] It was heavily influenced by the account of the rule of law left to us by Lord Tom Bingham, the former Senior Law Lord, in his 2010 book The Rule of Law.[25]

           

          The Government should flesh out its rhetorical invocations of the rule of law and be prepared to be more granular in defining what the rule of law is and what it requires. It should expressly adopt the Venice Commission’s Rule of Law Checklist, which has been endorsed by the Parliamentary Assembly of the Council of Europe, in its work supporting the rule of law abroad, and be prepared to defend that conception of the rule of law against narrow, formalistic conceptions invoked by authoritarian governments.[26]

           

          1. Establish the infrastructure to enable long-term, evidence-based strategic thinking to influence UK Government policy on rule of law

          Tobias Ellwood MP, Conservative Chair of the Commons Defence Committee, has recently written that Afghanistan has exposed the shortfalls in Whitehall’s strategic thinking and the reactive nature of UK foreign policy: “Despite the fanfare of our ‘global Britain’ branding, the Whitehall bandwidth is too limited and not sufficiently strategic to offer the big picture thought-leadership that has the potential to generate solutions to international problems.”[27] Tony Blair, reflecting recently on the War on Terror waged after 9/11, made a very similar observation. This is as true for rule of law as it is for foreign policy more generally. The infrastructure necessary to enable long-term, evidence-based strategic thinking to influence policy on supporting rule of law should be created, for example by establishing an innovative Policy and Evidence Centre on the Rule of Law and Democracy modelled on the success of existing centres such as those on Modern Slavery and Human Rights and on the Creative Industries, both funded by the independent research councils.[28]

           

          1. Galvanise international political commitment to collaborative rule of law strengthening by establishing a Global Partnership/Commission for the Rule of Law

          Rule of law strengthening requires a collaborative global response, led by a body capable of galvanising international political commitment in multilateral frameworks, such as the Global Education Commission led by former UK Prime Minister Gordon Brown.[29] The UK Government has begun to build on the vision in the Integrated Review of building strategic alliances with like-minded nations for which the rule of law is one of the shared values that forms the basis for collaboration to agree action to address major global challenges.[30] It should go further and initiate the creation of a Global Partnership/Commission for the Rule of Law, to be led by a former world leader with international credibility on the rule of law, capable of securing high-level political buy-in from states and to lead the joining up of the currently disparate and fragmented rule of law programming work taking place globally under a more co-ordinated and collaborative international framework with clear strategic priorities. This effort could be one of the UK’s commitments at the upcoming Summit for Democracy in December, to be galvanised during a UK-hosted Global Conference on the Rule of Law in 2022, following up on the international conference on the Rule of Law held in London in 2012 during the UK Chairmanship of Council of Europe.[31]

           

          1. Leverage resources for rule of law strengthening by establishing a Global Fund for the Rule of Law

          Effective rule of law strengthening also requires resources if it is to be scalable. As admirable and important as the work of ROLE UK is, stronger rule of law cannot be achieved on the global scale required by relying on lawyers and judges to put in some pro bono hours to build capacity in developing countries. The UK Government should join forces with other interested governments to establish a Global Fund for the Rule of Law, modelled on other Global Funds such as the Global Fund to End Modern Slavery (GFEMS) and the Global Fund to Fights Aids, Tuberculosis and Malaria, as advocated by the Council on Foreign Relations.[32] A relatively modest contribution of seed funding of £10m each from a number of donor governments committed to the rule of law would likely leverage contributions from the private sector which stands to gain so significantly from the growth in economic prosperity that, evidence suggests, will result from global rule of law strengthening at scale.

           

          Murray Hunt is Director of the Bingham Centre for the Rule of Law, an independent research institute dedicated to proactively advancing the rule of law worldwide. He is also Director of the Policy and Evidence Centre on Modern Slavery and Human Rights, which has been established with £10m of funding from UK Research and Innovation’s Strategic Priorities Fund to conduct policy-influencing research capable of transforming the effectiveness of laws and policies to counter modern slavery. He is the UK’s alternate member of the Venice Commission for Democracy through Law, and a Visiting Professor in Human Rights Law at the University of Oxford where he leads the Parliaments, Rule of Law and Human Rights Research Project. He was Legal Adviser to the Joint Committee on Human Rights in the UK Parliament from 2004 to 2017. He is currently a Legal Adviser to the APPG on the Rule of Law. He writes this in a personal capacity.

           

          [1] Cabinet Office, Global Britain in a competitive age: The Integrated Review of Security, Defence, Development and Foreign Policy, Gov.uk, March 2021, https://www.gov.uk/government/publications/global-britain-in-a-competitive-age-the-integrated-review-of-security-defence-development-and-foreign-policy

          [2] Integrated Review, p. 13, para. 14.

          [3] Integrated Review, p. 60.

          [4] See e.g. the Constitution of Ireland and the Constitution of India.

          [5] Integrated Review, pp. 47-48.

          [6] Sir Simon Fraser, Will the UK’s Integrated Review of foreign policy really make a difference?, Flint, April 2021, https://flint-global.com/blog/will-the-uks-integrated-review-of-foreign-policy-really-make-a-difference/

          [7] ROLE UK (Rule of Law Expertise), What we do, https://www.roleuk.org.uk/what-we-do; Advocates for International Development (A4ID), see website: https://www.a4id.org/

          [8] WFD, About, https://www.wfd.org/about/

          [9] UK Research and Innovation, Global Challenges Research Fund, https://www.ukri.org/our-work/collaborating-internationally/global-challenges-research-fund/

          [10] Remarks by President Biden on the End of the War in Afghanistan, The White House, August 2021, https://www.whitehouse.gov/briefing-room/speeches-remarks/2021/08/31/remarks-by-president-biden-on-the-end-of-the-war-in-afghanistan/

          [11] Tom Bingham (2010). The Rule of Law. London: Penguin Global. pp. 110-111.

          [12] Sir Mark Lyall Grant, The Integrated Review’s concept of Global Britain – is it realistic?, King’s College London, July 2021, https://www.kcl.ac.uk/the-integrated-reviews-concept-of-global-britain-is-it-realistic

          [13] FCDO and The Rt Hon Dominic Raab MP, A force for good: Global Britain in a competitive age, Gov.uk, March 2021, https://www.gov.uk/government/speeches/a-force-for-good-in-a-competitive-age-foreign-secretary-speech-at-the-aspen-security-conference

          [14] Kenan Malik, We should not allow the Anglosphere to distort the history of liberty, The Guardian, September 2021, https://www.theguardian.com/commentisfree/2021/sep/25/the-anglosphere-is-just-a-cover-for-the-old-idea-of-white-superiority

          [15] Samuel Sharp, To promote open societies globally, the FCDO must be more realistic, politically savvy and self-aware, ODI, December 2020, https://odi.org/en/insights/to-promote-open-societies-globally-the-fcdo-must-be-more-realistic-politically-savvy-and-self-aware/

          [16] For an analysis of the offending clauses of the UK Internal Market Bill, see: https://binghamcentre.biicl.org/publications/united-kingdom-internal-market-bill-consideration-of-house-of-lords-amendments-clauses-44-47

          [17] Sir Hugh Bayley, The UK’s approach to tackling modern slavery through the aid programme, ICAI, October 2020, https://icai.independent.gov.uk/review/the-uks-approach-to-tackling-modern-slavery-through-the-aid-programme/

          [18] When the Independent Commission for Aid Impact reviewed the UK Development Assistance for Security and Justice in 2015, it concluded that the programme performs relatively poorly overall against ICAI’s criteria for effectiveness and value for money, and that significant improvements were necessary.

          [19] ICAI, Future work plan, https://icai.independent.gov.uk/reviews/future-work-plan/

          [20] See e.g. the Preface to the FCDO’s 2020 Human Rights and Democracy Report by the then Foreign Secretary Dominic Raab, July 2021, https://www.gov.uk/government/publications/human-rights-and-democracy-report-2020/human-rights-and-democracy-2020-foreign-commonwealth-development-office-report#preface-by-the-foreign-secretary-dominic-raab

          [21] See e.g., Ben Ward, The value of a UK strategy on human rights, FPC, September 2020, https://fpc.org.uk/the-value-of-a-uk-strategy-on-human-rights/; Alex Thier, A Force for Good in the World: Placing Democratic Values at the Heart of the UK’s International Strategy, WFD, July 2020, https://www.wfd.org/2020/07/29/a-force-for-good-in-the-world-placing-democratic-values-at-the-heart-of-the-uks-international-strategy/

          [22] House of Commons Foreign Affairs Select Committee, Global Britain: Human rights and the rule of law: Government response to the Committee’s Thirteenth Report, Sixteenth Special Report of Session 2017-19, HC 1759, p. 9.

          [23] House of Commons Foreign Affairs Committee, Global Britain: Human rights and the rule of law, Thirteenth Report of Session 2017-19, HC 874, para. 24.; House of Commons Foreign Affairs Select Committee, Global Britain: Human rights and the rule of law: Government response to the Committee’s Thirteenth Report, Sixteenth Special Report of Session 2017-19, HC 1759, p. 9.

          [24] Venice Commission of the Council of Europe, The Rule of Law Checklist, March 2016, https://www.venice.coe.int/images/SITE%20IMAGES/Publications/Rule_of_Law_Check_List.pdf

          [25] Tom Bingham (2010). The Rule of Law. London: Penguin Global.

          [26] Council of Europe, Rule of Law Checklist – endorsed by the Parliamentary Assembly, October 2017, https://www.venice.coe.int/webforms/events/?id=2463

          [27] Tobias Ellwood, Britain must rediscover the will to lead on global issues, The Guardian, September 2021, https://www.theguardian.com/commentisfree/2021/sep/04/britain-must-rediscover-the-will-to-lead-on-global-issues

          [28] Modern Slavery & Human Rights, see website: https://modernslaverypec.org/; Creative Industries: Policy & Evidence Centre, see website: https://www.pec.ac.uk/

          [29] The Education Commission, see website: https://educationcommission.org/

          [30] See e.g. the Communique of the recent G7 Summit at Carbis Bay, June 2021, https://www.g7uk.org/wp-content/uploads/2021/06/Carbis-Bay-G7-Summit-Communique-PDF-430KB-25-pages-3-1.pdf; and the Shared Statement on the value and role of open societies issued by the G7+ (including Australia, India, the Republic of Korea and South Africa), 2021 Open Societies Statement, June 2021, https://www.g7uk.org/wp-content/uploads/2021/07/2021-Open-Societies-Statement-PDF-355KB-2-pages.pdf

          [31] The Summit for Democracy, see website: https://www.state.gov/summit-for-democracy/; Conference on “The Rule of Law as a Practical Concept”, co-convened in London by the European Commission for Democracy through Law in co-operation with the FCO and the Bingham Centre for the Rule of Law under the auspices of the UK Chairmanship of the Committee of Ministers of the Council of Europe, March 2012, https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL%282013%29016-e

          [32] Global Fund to End Modern Slavery, see website: https://www.gfems.org/; The Global Fund, see website: https://www.theglobalfund.org/en/; Council on Foreign Relations, see website: https://www.cfr.org/report/global-trust-rule-law

          Footnotes
            Related Articles

            As a ‘force for good’, what could and should Global Britain do to help defend civic space around the world?

            Article by Iva Dobichina, Poonam Joshi, Sarah Green and James Savage

            As a ‘force for good’, what could and should Global Britain do to help defend civic space around the world?

            The UK Government’s stated commitment to open societies is unequivocal. In the wide-ranging Integrated Review of Security, Defence, Development and Foreign Policy published in March this year, open societies are lauded as both a moral end in themselves, and the best means to achieve human prosperity and security.[1] Open societies are mentioned repeatedly in the Review and cut across each of the Government’s four high level objectives in this area for the next decade, alongside human rights and an international rules-based system. In the combined Foreign, Commonwealth and Development Office (FCDO) the Government has created an Open Societies and Human Rights (OSHR) Directorate that will support civil society, democratic governance, human rights, and the rule of law. This is extremely welcome in the context of the well documented increase in authoritarianism and autocratic government around the world (an estimated 68 per cent of the world’s population live in autocracies), and a decrease in the number of democratic states over the past 15 years or so.[2]

             

            Many readers would infer from this a concomitant commitment to defending civic space – the place, physical, virtual, and legal, where people exercise their rights to freedom of association, expression, and peaceful assembly, and the engine room of any free and open society. But a pledge to proactively defend civic space and the people in it is not as forthrightly made in the Integrated Review, which in fact sets out policy which could either promote or further harm civic space around the world. Setting up a ‘Civil Society and Civic Space’ department within the OSHR Directorate is potentially a good start, but can only help deliver the UK Government’s commitments to open societies if it has an ambitious strategy with the necessary resources and political championing from the Foreign Secretary to ensure it reaches beyond its departmental silo to positively influence policy and action across government in the realms of trade, development, security, and defence.

             

            Civic space is under attack on every continent. From the criminalisation of peaceful protest, to measures restricting freedom of expression (censorship, internet shutdowns, surveillance and attacks on journalists and academics), and administrative harassment through restrictive NGO laws (making registration and financing of NGOs difficult), and the smearing and harassment, attacks and killings of activists has become routine.[3] This is stifling individuals, movements, non-profit organisations and donors, and it is hampering the innovation which comes from the civic realm, and which would create the solutions to local and global problems that we all desperately need. It is affecting people working on every critical social issue – from climate change and environmental justice to the rights of racial, ethnic, religious minorities, women’s and LGBTI rights, to economic equality and public health. Counter-terrorism is notably often cited as justification for this repression, but it is clear that governments are exceeding proportionate responses to terrorism risks and curtailing critical freedoms.

             

            Those like the UK who maintain that openness is a strength and a necessary condition for good governance and human prosperity, and an antidote to authoritarianism, must more consistently raise the profile of this problem, and push hard for a reversal of the clampdown.

             

            As the Integrated Review’s new policy direction unfurls, and the UK’s leaders, diplomats, trade negotiators and key representatives set out the UK stall, we recommend an additional headline commitment to defending and expanding civic space, and action to back this up at home and overseas. If it is serious about advancing the cause of openness and democracy over the coming decade, the UK should:

            • In bilateral relations and multilateral fora, press governments to respect the rights and civic freedoms of human rights defenders and other civil society actors, and model this commitment by providing flexible and sustainable funding and emergency protection for those who need it;
            • Establish politically smart, adaptable, longer term programmes to foster more sustainable and resilient civic space environments, with broad levels of support across societies (including the domestic private and philanthropic sectors) and government institutions;
            • Use and expand its new ‘Magnitsky-style’ sanctions regime to ensure rapid, coordinated and targeted sanctions against high level officials involved in orchestrating gross human rights violations of fundamental civic freedoms;
            • Champion safeguards for civic space in the UN Global Counter Terrorism Strategy and ensure existing and emerging norms on countering terrorist financing, content moderation and travel surveillance are not used to restrict freedoms of association, expression and movement;[4]
            • Use multilateral fora – including the Open Government Partnership Summit and the Summit of Democracies to impose obligations on all states to switch pandemic response away from the use of emergency security powers and reset it squarely around public health;
            • Work multilaterally and in collaboration with civil society to put human rights and civic space considerations at the centre of cybersecurity policy development. The UK should also ensure transparency of such policy development so that it is available for public scrutiny; and
            • Ensure trade and investment in new science and technology adhere to the most stringent of human rights safeguards. When any new technology with offensive, surveillance or mass data capture capability is under consideration, there must be meaningful practice of consultation with human rights experts and assessment of risk of harm.

             

            Why is civic space under siege and what are the long-term implications?

            There are attacks on the right to assemble and protest, and on free expression both on and offline, on every continent. In Thailand scores of democracy protestors have been arrested this year after also being attacked with rubber bullets, while in Nigeria #EndSARS activists have been harassed, arrested and put under surveillance. After the Black Lives Matter protests following the murder of George Floyd in the USA last year, around 20 state legislatures responded by considering laws restricting the right to protest. In Hungary and Poland, LGBTQI Pride protestors have been singled out by their governments as a threat to the moral order.

             

            Over the last decade governments in every region have passed new anti-NGO laws, sometimes copied from one another, which impose onerous registration requirements, and give authorities powers to monitor and interfere in the work of human rights defenders and civil society organisations, and restrict access to international funding. Amnesty International found that, between 2016 and 2018 alone, almost 40 such laws were proposed and passed.[5] Over the past year new laws have been passed in Guatemala, Nicaragua, Turkey, and Libya, while existing restrictive NGO laws have been tightened in Russia (including adding journalists to the register of foreign agents) and India (severely limiting the NGOs’ ability to access vital funds from overseas donors).[6]

             

            Over the last 18 months governments have used the COVID pandemic to justify increased repression and bring in new laws and measures affecting freedom of expression, privacy and limiting assembly, such that the UN Secretary General was moved to sound the alarm on countries using COVID emergency laws as a pretext to crush dissent and curb freedoms. He has called for a return to universal human rights as the starting point for the pandemic response.[7]

             

            What is driving this?

            Last year the Funders Initiative for Civil Society published an investigation of the trends and drivers of this crackdown on civic space, talking to more than 150 civil society representatives across the world. It found that the constriction has indeed been severe over the last 20 years, and that while its causes are complex, and intertwined with the inequalities and exploitation perpetuated by concentrated economic power and populist movements, it is the abuse of counter-terrorism laws, policies and ‘temporary’ emergency measures that is the dominant driver of closing civic space.[8] Since 9/11 in particular, governments have stepped up the claim that they need to restrict rights to assemble, to organise and to protest in order to keep us safe. UN Security Council resolutions and a now sprawling UN Office for Counter-Terrorism set in motion a template for curbs on protest and free expression, pre-emptive surveillance, travel watchlists, funding controls and a ‘security-justifies-almost-anything’ narrative, which have led some to say counter-terrorism is now effectively the UN’s informal but well-funded fourth pillar, alongside peace and security, human rights and development.[9]

             

            States must act to keep citizens safe, but the creep of using exceptional counter-terrorism measures on a routine basis now sees progressive activists regularly termed ‘extremists’, and essential work on climate, women’s rights, human rights, democracy, racial justice, freedom of religion/belief and migration and land rights made much more difficult. In Hong Kong it is ‘national security’ which is cited when democracy activists are arrested and imprisoned, while in Myanmar counter-terrorism laws have recently been used to prosecute journalists. Egypt has so frequently used anti-terrorism laws to harass and prosecute human rights defenders and journalists that the UN Special Rapporteur on the situation of human rights defenders this year singled the country out for clear misuse of anti-terrorism laws to criminalise civil society and appealed for an immediate halt.[10] A high-profile Saudi women’s rights defender was imprisoned when she challenged the country’s strict guardianship laws and the state used anti-terror laws against her, accusing her of ‘pursuing a foreign agenda’.[11] In India, activists fighting the draconian anti-Muslim citizenship laws have been arrested and imprisoned using counter-terror laws.[12] Governments are increasingly citing counter-terrorism as justification for cracking down on civic space and their opponents.

             

            As we mark 20 years since the horrific 9/11 attacks and the loss of thousands of lives which ensued, there is considerable reflection on whether the policies and action pursued since have kept us all safe. The UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism found, in a comprehensive 2019 report, that measures introduced to prevent terrorism and violent extremism (including funding restrictions, travel surveillance, content moderation, protest bans) are in practice primarily being used to criminalise activism and dissent.[13] States that purport to be stalwart guardians of human rights have failed to uphold adequate rights protections in the international counter-terrorism agenda, allowing it instead to be co-opted and funded by authoritarian states, such as Qatar and Saudi Arabia.[14]

             

            The UK Government’s Integrated Review acknowledges increasing authoritarianism and says political and economic power are set to be more contested this decade, with increasing complexity and a shift to multi-polarity as the world and its stumbling governance gets to grips with the climate crisis, managing pandemics, persistent conflict, humanitarian disasters and poverty. It assesses the UK’s prospects as based on its relatively large economy, its place at key tables including the UN, and being a ‘soft power superpower’. If the UK is to be a ‘force for good’ in the world, it must be prepared to champion civil society and unfettered civic space at these tables and make the case for reversing the measures which have harmed civic space and which threaten openness and shared prosperity for us all.

             

            Where is UK policy in tune with protecting civic space, and where might UK policy lead to harm?

            The Integrated Review includes a comprehensive setting out of the geopolitical context in which new UK foreign, defence, security, and development policy will be developed. These include, of course, complex, meta-level challenges that no single state could ever solve alone. This is where the critical bridge to protection of civic space needs to be made. It is the people in open and free civic space that will generate many of the ideas and action we need to tackle these problems, but they cannot do that when they are harassed and under siege.

             

            There is commitment in the Integrated Review to long-term UK work to protect human rights, the rule of law and implicitly civic space. The UK Government’s initiation and high-level championing of the Global Media Defence Fund, recognising the targeting of journalists and offering both individual casework support as well as pushing for better legal protection of journalists in the first place, is very welcome. Civil society cannot thrive while those who would report impartially and hold power to account are threatened for doing so. It is worrying that one of the first tests of this policy however, ensuring Afghan journalists who had worked with UK media outlets were among those prioritised for help to leave when the Taliban took over, saw hesitation and delay.

             

            Equally, the UK’s adoption of its new independent ‘Magnitsky-style’ sanctions regime for putting travel bans and asset freezes on those who commit human rights violations indicates a willingness to challenge those who do harm, even when there may be diplomatic and other costs for the UK. But it currently stops short of providing protection to those targeted for exercising their civic freedoms. People standing up for democracy and basic rule of law are routinely attacked by several of the UK’s strategic security and trade partners including India, Kenya, Uganda and Saudi Arabia to name only a few. In line with developments in some G7 countries, the UK could use and expand its regime to ensure rapid, coordinated and targeted sanctions against high level officials involved in orchestrating gross human rights violations of fundamental freedoms of association and assembly, expression and information, and participation.

             

            Similarly, in order to succeed when promoting openness internationally, the UK needs to have its own house in order. Laws and policies that undermine civic space, such as the Police, Crime, Sentencing and Courts Bill, which threatens to not only restrict but criminalise the right to protest, can easily be cited by governments overseas telling the UK not to interfere in their activities. The current proposals to weaken judicial review, not to mention the terrible accompanying political rhetoric demonising human rights lawyers, need urgent reconsideration. And, as forces across the UK pilot facial recognition technologies, and transport hubs and shopping centres are scanning millions of people’s faces without consent, the UK could demonstrate its leadership on privacy by introducing an immediate ban on police and private company use of facial recognition in areas open to the public. For the same reasons, the proposals to limit the reach and authority of the Information Commissioner precisely at the moment the UK moves away from the gold standard European data protection regulations should also be re-examined. As a first step the UK could demonstrate its commitment to civic space at home by requesting the OECD’s Observatory of Civic Space to conduct a Civic Space Scan of the UK (as Finland has recently done) that will benchmark the status of domestic civic space and offer expert guidance on ways to strengthen existing frameworks and practices.[15]

             

            The Integrated Review sets out the UK’s welcome commitment to ‘active diplomacy’, ‘maximising the UK’s convening power’ and its intent to seek election to new multilateral fora that will ‘shape the international order.’ There is huge potential to be a ‘force for good’ here. As a Security Council member, the UK is very well positioned to substantially influence the UN’s counter-terrorism agenda, and should seize the opportunity to ensure public security frameworks have proper clarity of scope (including through clear and narrow definitions of terrorism and extremism), and that civil society groups are included in counter-terrorism policy development. Concrete action might also include pushing for stronger safeguards for civic space and civil society in the UN Global Counter Terrorism Strategy and future UN resolutions regarding civic space; support for a clear compendium of all COVID-related emergency measures, with a scheme to review these and set dates for their repeal; pushing for the creation of an independent human rights impacts monitoring mechanism and indicating that further funding to the UN Office of Counter Terrorism conditional on this; and action to reset the international ‘countering-terrorism financing’ controls which have had the unintended consequence of removing civil society’s access to critical funds.[16]

             

            The Integrated Review underscores the UK’s commitment to leadership in development of international cybersecurity and internet governance frameworks, aligned with freedom of expression, freedom of assembly and association, access to information and privacy. Such a commitment is welcome as it is critical to safeguarding meaningful civic space around the world. The tremendous power of new and emerging information technologies means that as well as promising huge social and economic benefits, they are also very attractive to those who would use them to monitor and restrict democratic activities. As part of its commitment to openness the UK should advocate for rights respecting policy and governance in this area, and the deterrence of trade in ‘dual use’ technologies that may do harm – perhaps even joining the call for a moratorium on the export of surveillance technologies that can be used against human rights defenders and other members of civil society.[17] Similarly the UK’s policy on and conduct of trade negotiations needs to be coherent with the commitment to open societies and protecting civic space, meaning privacy standards and data protection must not be on the bargaining table.

             

            How might the UK use its resources to meet its commitments to supporting open societies?

            To make scarce resources work harder, the UK could combine innovation and collaboration with like-minded donors from public and private funding communities through strengthening existing and forming new pooled funds that support networks and coalitions addressing three essential pillars of an enabling environment for civil society. Firstly, with continuous waves of peaceful demonstrations occurring worldwide, existing legal defence and protection groups and mechanisms are overwhelmed, struggling to mobilise sufficient resources to provide quality assistance to detained activists. There is a specific opportunity for the UK to pool donor funds to resource a new global network of national, regional, and international organisations, coordinated by CIVICUS, to defend the right to protest and dissent on and offline. Secondly, with the increase of large-scale crises such as the ones in Belarus, Myanmar and increasing risks in Afghanistan, the existing international human rights defenders’ protection mechanisms supported by bilateral and multilateral agencies (such as Lifeline: Embattled CSO Fund and ProtectDefenders.eu), and several excellent regional funds (including in the UK’s priority geographies of the Indo-Pacific and Sub-Saharan Africa) are struggling with capacity and resourcing. The UK should increase its contributions to those mechanisms and design a common strategy to increase the efficiency in delivering assistance to activists at risk. Thirdly, if the UK wants to effectively tackle the drivers and enablers of authoritarianism and closing civic space, especially with regard to the rights implications of emerging counter-terrorism and cybersecurity frameworks, it could consider contributing to a new, ground-breaking Global Initiative on Civic Space and Security supported by our organisations that will facilitate flexible and aligned collaboration among donors, civil society and other partners (such as from the tech and creative arts sectors).

             

            How the UK funds this work is also important, especially given the signal in the Integrated Review to evolve the UK’s offer ‘using a variety of funding models’ and considering the reckoning the FCDO has to make with decolonising aid, increasing diversity and inclusivity, and shifting power toward a more ‘locally-led’ approach to rights-based development. The FCDO could model how to fund civil society advancing open societies and civic space in two ways: (1) by ensuring it funds in line with the G7 Open Societies statement and the newly agreed OECD DAC Recommendation on Enabling Civil Society in Development Co-operation and Humanitarian Assistance, which prioritises in Pillar One ‘Respecting, Protecting And Promoting Civic Space’;[18] and (2) by modelling with other bilateral agencies, such as the Swedish International Development Cooperation Agency (SIDA), and building on their ‘Guiding Principles for Engagement With and Support to Civil Society’, an approach rooted in trust-based financial support and grant making that follows locally led decisions about priorities, in line with what civil society groups say they need to successfully defend and expand civic space and open societies.[19]

             

            A real ‘force for good’

            The UK is not the only liberal democracy at a critical juncture in its domestic and diplomatic relationship with countering terrorism and promoting open societies and human rights. The last 20 years have seen enormous costs to human rights and security, and not least in handing authoritarian governments an extended licence to justify any new measure as ‘counter-terrorism’ and restrict civic space. As we look ahead to a decade of enormous challenges, we desperately need multilateral solutions forged with as much good faith as can be built. Active diplomacy, convening new accountable fora and using elected positions wisely, and with integrity, could make all the difference. There is a Summit for Democracy on the horizon, where profiling civic space and commitments to its protection and expansion can be made on the world stage. The work to ensure civil society thrives in free and open civic spaces needs doing both quietly and on platforms, bilaterally and multilaterally, and needs resource as well as good intentions.

             

            And it is not only the UK Government who needs to step up; civil society should stand up for its own. A wide range of UK actors should be prominent and active in naming the attacks on civic space and helping to demolish the impunity it currently has. MPs across all parties partake in many inter-parliamentary fora, where there are opportunities to raise the profile of these issues, and the Speaker and his office, should be on hand to support and promote such efforts. The Westminster Foundation for Democracy should build on its existing research and utilise its networks and close relationship with parliaments, parties, and civil society to push for the expansion of civic space through its country offices.[20]

             

            The philanthropy community, including our organisations, are ready to support this work in tandem with the UK Government and multilateral bodies. We have an analysis, networks, strategies and resources ready to power up and challenge the crackdown on civic space.

             

            Iva Dobichina is Division Director with the Open Society Human Rights Initiative. Previously she worked for Freedom House, an independent, US-based watchdog organization, where she served as director of programs for Central Asia. 

             

            Poonam Joshi is Director of The Funders Initiative for Civil Society. She is a lawyer and was previously at the Sigrid Rausing Trust and Amnesty International UK.

             

            Sarah Green is a consultant for The Funders Initiative for Civil Society, and works in human rights and gender-based violence advocacy and campaigns

             

            James Savage is the Program Director of the Enabling Environment for Human Rights Defenders at The Fund for Global Human Rights, and previously worked at Amnesty International UK and for Peace Brigades International.

             

            [1] HM Government, Global Britain in a competitive age: The Integrated Review of Security, Defence, Development and Foreign Policy, March 2021, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/975077/Global_Britain_in_a_Competitive_Age-_the_Integrated_Review_of_Security__Defence__Development_and_Foreign_Policy.pdf

            [2] V-Dem Institute Democracy Report, March 2021, https://www.v-dem.net/en/publications/democracy-reports/; Economist Intelligence Unit, Democracy Index, 2020, https://www.eiu.com/n/campaigns/democracy-index-2020/; Sarah Repucci and Amy Slipwitz, Democracy Under Siege, Freedom House, 2021, https://freedomhouse.org/report/freedom-world/2021/democracy-under-siege

            [3] Frontline Defenders Global Analysis 2020, https://www.frontlinedefenders.org/sites/default/files/fld_global_analysis_2020.pdf; and Last line of Defence, Global Witness, September 2021, https://www.globalwitness.org/en/campaigns/environmental-activists/last-line-defence/

            [4] United Nations: Office of Counter-Terrorism, UN Global Counter-Terrorism Strategy, https://www.un.org/counterterrorism/un-global-counter-terrorism-strategy

            [5] Amnesty International, Laws designed to silence: The global crackdown on civil society organizations, February 2019, https://www.amnesty.org/en/documents/act30/9647/2019/en/

            [6] International Center for Not-For-Profit Law (ICNL) Civic Freedom Monitor, https://www.icnl.org/resources/civic-freedom-monitor

            [7] International Center for Not-For-Profit Law (ICNL) COVID Tracker https://www.icnl.org/covid19tracker/; and Antonio Guterres, The world faces a pandemic of human right abuses in the wake of COVID-19, The Guardian, February 2021, https://www.theguardian.com/global-development/2021/feb/22/world-faces-pandemic-human-rights-abuses-covid-19-antonio-guterres

            [8] Ben Hayes and Poonam Joshi, Rethinking civic space in an age of intersectional crises: a briefing for funders, The Funders Initiative for Civil Society, May 2020, https://global-dialogue.org/rethinking-civic-space/

            [9] Ali Altiok and Jordan Street, A fourth pillar for the United Nations? The rise of counter-terrorism, Saferworld, June 2020, https://www.saferworld.org.uk/resources/publications/1256-a-fourth-pillar-for-the-united-nations-the-rise-of-counter-terrorism

            [10] OHCHR, Egypt’s targeting of human rights defenders must stop, says UN expert, January 2021, https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26682

            [11] Amnesty International, Saudi Arabia: Verdict upheld against Loujain al-Hathloul, March 2021, https://www.amnesty.org/en/documents/mde23/3869/2021/en/

            [12] Human Rights Watch, India: Activists Detained for Peaceful Dissent, April 2020, https://www.hrw.org/news/2020/04/15/india-activists-detained-peaceful-dissent

            [13] UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Annual Report 2019, see: https://www.ohchr.org/EN/Issues/Terrorism/Pages/Annual.aspxsee

            [14] UN Office of Counter-Terrorism, Funding and donors, https://www.un.org/counterterrorism/funding-and-donors

            [15] Organisation for Economic Co-operation and Development (OECD) Observatory of Civic Space: https://www.oecd.org/gov/open-government/civic-space.htm

            [16] ECNL submission to the UN Human Rights Council’s on the impact of counter-terrorism financing measures on human rights , see: https://www.ohchr.org/Documents/HRBodies/HRCouncil/AdvisoryCom/Terrorism/EuropeanCenter.pdf

            [17] OHCHR, Spyware scandal: UN experts call for moratorium on sale of ‘life threatening’ surveillance tech, August 2021, https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=27379&LangID=E

            [18] OECD Development Assistance Committee (DAC) Recommendation on Enabling Civil Society in Development Co-operation and Humanitarian Assistance, July 2021, https://legalinstruments.oecd.org/en/instruments/OECD-LEGAL-5021

            [19] Swedish International Development Cooperation Agency (Sida), Guiding Principles for Sida’s Engagement with and Support to Civil Society, 2019, https://www.sida.se/en/publications/guiding-principles-for-sidas-engagement-with-and-support-to-civil-society-full-version

            [20] WFD, Time to stop talking about ‘closing space’ for civil society?, October 2017,https://www.wfd.org/2017/10/31/time-stop-talking-closing-space-civil-society/; Julia Keutgen, 4 things parliaments can do to protect citizens’ democratic freedoms, WFD, March 2021, https://www.wfd.org/2021/03/05/4-things-parliaments-can-do-to-protect-citizens-democratic-freedoms/; Julia Keutgen and Susan Dodsworth, Addressing the global emergency of shrinking civic space and how to reclaim it: A programming guide, WFD, March 2021, https://www.wfd.org/2021/03/02/shrinking-civil-space/

            Footnotes
              Related Articles

              The link between open economies and open societies

              Article by Kim Eric Bettcher

              The link between open economies and open societies

              The challenge of defending and advancing democracy around the world is intertwined with economic challenges facing the UK and other societies:

               

              “Open and democratic societies like the UK must demonstrate they are match-fit for a more competitive world. We must show that the freedom to speak, think and choose – and therefore to innovate – offers an inherent advantage; and that liberal democracy and free markets remain the best model for the social and economic advancement of humankind.” – Foreword from the Prime Minister to the Integrated Review.[1]

               

              Indeed, while the enduring strength of democracy lies in the legitimacy of near universal values, democracy must deliver tangible benefits to citizens to be sustained and demonstrate its superiority over other forms of government. Citizens expect their system of government to enable or provide economic growth, individual opportunities, public goods, and social services. Open economies—based on individual liberty, rule of law, and equality of opportunity—help make democracy deliver on these expectations, giving citizens a stake in their society. At the same time, the dynamics of open economies serve as a check on authoritarian tendencies.

               

              To overlook open economies in a democracy assistance strategy would be at best to limit reform space and demand for accountable government, and at worst to risk succumbing to populist pressures, authoritarian interference, or corrupt interests. Much as policymakers in the development field have been exhorted to ‘think politically’, policymakers in the democracy assistance field should consider the economic influences on political life. They should take into account how the values and institutions of open economies reinforce democratic values and institutions, how private sector interests and organisations relate to civil society and power structures, and how models of economic governance shape the rule of law, rights, and democratic governance.

               

              This chapter summarises the relationship between open economies and open societies, illustrates strategic opportunities to support democracy with an open economy approach, and recommends actions to respond to current challenges and integrate economic development into democracy assistance. The chapter is informed by the experiences of the Center for International Private Enterprise (CIPE), which was founded on the idea that political and economic rights are mutually reinforcing, and that private sector participation in policy discourse enlarges the constituency for democracy.

               

              Contributions of open economies to open societies

              The connections between economic growth, prosperity, and democracy have been extensively studied. Although there remains debate about causal relationships, meaningful patterns have been established. Recently for example, the Heritage Foundation illustrates how its index of economic freedom correlates well with the Economist Intelligence Unit’s democracy index.[2] One of the takeaways from the literature is that open economies are more closely linked to democratic development than is raw economic growth, which can be initiated by state-driven industrialisation or natural resource rents under different types of regime. Another takeaway is that the conditions for democracy must be cultivated; one cannot assume that democracy is the necessary outcome of economic development.

               

              There are several lines of argument about these connections, beginning with modernisation theory. Seymour Martin Lipset observed that a number of socioeconomic aspects of development were supportive of democratisation, namely education, rising income, urbanisation, and industrialisation.[3] Similarly, the emergence of a strong middle class has historically been associated with rising demand for democracy. As Barrington Moore noted, “No bourgeoisie, no democracy.”[4] The “third wave” of democratisation since 1974 was actively led by participation from the urban middle class.[5]

               

              Open economies are distinguished from extractive economies by their normative basis. “The concepts that underpin a free society are fundamental to free markets, too: values like transparency, open competition, and the rule of law.”[6] Constituencies for change can coalesce around these values. The competitive private sector (unlike crony capitalists) has a stake in liberal, democratic systems that respect rights, manage conflicts, and invest in public goods and human capital. Therefore, business has often led the way in seeking accountable government.[7]

               

              Peter Berger observed that an open economy, also referred to as a market economy or capitalist economy, “provides the social space within which individuals, groups, and entire institutional complexes can develop independent of state control” and “creates space and opportunity for civil society.” [8] Authoritarian and statist growth models do not tolerate this space, nor do they tolerate economic competition which may generate autonomous sources of power and pluralism.[9] Indeed, democratic theorist Robert Dahl argued that competitive politics requires a pluralistic social order, which in turn requires a decentralised economy.[10]

               


              What is a market economy?

              A market economy (as an ideal) is a competitive economic system where the rules are the same for all participants.

              • A private sector economy is not necessarily a market economy. If the behaviour of private economic actors revolves around rent-seeking, corruption, and cronyism, it is not a market economy.
              • A laissez-faire policy is not adequate for markets to function. A market economy can emerge when the government guarantees consistent, fair laws and rules.[11]

               

              The logic of competition explains the persistent relationship between open economies and open societies:

               

              “Open access orders maintain their equilibrium by allowing a wide range of economic and social interests to compete for control of the polity. Creative economic destruction produces a constantly shifting spectrum of competing economic interests. The inability of the state to manipulate economic interests sustains open political competition: politicians cannot cripple their opponents by denying them economic resources.”[12]

               

              Market economies, by permitting and encouraging open competition, stimulate greater pluralism and regular renewal. A competitive, responsible private sector in an open economy provides an important counterweight to the state, injects dynamism into political discourse, and makes possible a vibrant civil society.

               

              Finally, economic rights and governance constrain the uses and abuses of authority. “Private ownership of the means of production is a crucial bulwark against an overweening state and eventual political tyranny.”[13] The same government that could arbitrarily seize private property could violate civil liberties and repress opposition. Market economies and sustainable growth require institutional structures that protect property rights, enforce contracts, ensure open competition, and facilitate access to information, all within a system of rule of law. Once in place, these institutions serve to uphold a political order based on constitutional, not arbitrary rule.

               

              Critics of modernisation theory point out that the causal relationships are unclear and that not all good things go together. One famous study by Przeworski et al. concluded that development, as measured by per capita GDP, was important to sustaining democracy but not to its emergence.[14] Notable cases of capitalist systems that were not associated with democracy include Singapore and pre-democratic Chile (which made the transition in 1990). China adopted elements of a market economy, though the state sector remains privileged and state influence over the private sector has been reasserted. All in all, the body of evidence for synergies between development and democracy holds up well but the critiques draw attention to diverging country experiences and the need to identify mechanisms of change.[15]

               

              If not all things necessarily go together, would it be better to sequence reforms in order to focus on ‘preconditions’ for democracy, such as economic development and state capacity? Thomas Carothers has cautioned against this version of sequencing, noting that enlightened autocrats who promote economic development and rule of law are actually quite exceptional. Instead, policymakers would do better to adopt gradualist, iterative strategies to expand competition and choice.[16] More important than sequencing may be the adoption of integrated governance and growth strategies that “work with the grain” in each country.[17]

               

              Strategic Opportunities

              Fortunately from a strategic standpoint, there are multiple avenues to promote open economies that are conducive to democratic openings or transitions. Five broad areas of opportunity are described below. The best opportunities in each case will be a function of local conditions and demand.

               

              Fighting corruption

              Corruption holds back democracy by undermining public systems, sapping public trust, and subjugating citizens’ will to private interests. It prevents business from thriving by rendering contracts arbitrary and hard to enforce and exposing business to extortion and legal risk. If one views corruption as an institutional problem rather than a moral problem, effective responses involve reducing incentives and opportunities for corrupt behaviour, as well as improving institutions of governance. Such an anti-corruption strategy would tackle underlying causes of corruption: unclear, complex, and frequently changing regulations; lack of transparency and accountability; barriers to competition (and exemptions for cronies); and implementation gaps between laws on the books and their de facto application.

               

              Business can be the source of corruption or the victim, but it can also be the solution. Private sector initiatives for collective action set a higher standard that rewards the participating companies and reduces the vulnerability of companies that resist paying bribes. The B20 Collective Action Hub contains many example initiatives and resources.[18] Across Africa, CIPE’s Ethics 1st initiative sets a governance and corporate ethics compliance benchmark, adapted for emerging markets from internationally recognised standards, to de-risk investment into African economies and better integrate companies across the continent into global value chains.

               

              Bolstering democratic governance and defending against authoritarianism

              Although democratic legitimacy begins with the people’s choice of representatives through elections, it is sustained when governments deliver on promises. Between elections, citizens need avenues to participate in decision-making, offer feedback, and hold government accountable for its performance. For instance, structured public-private dialogue (PPD) enables participatory policymaking, improves the quality of representation, and builds transparency and accountability into policymaking and policy implementation.[19] In Kenya, PPD platforms exist at all levels from the Presidential Roundtable to county budget forums.[20] Participation by groups like the Kenya Private Sector Alliance, Kenya Association of Manufacturers, and Kenya Association of Vendors and Traders shaped numerous laws, among them the Transition to Devolved Government Act, Bribery Act, and Micro and Small Enterprise Act, and helped improve local services such as roads, sewage systems and street lighting.[21] Donors such as the World Bank, GIZ, SIDA, USAID, and UNDP have supported dialogue platforms on a wide range of topics from business competitiveness and inclusive growth to the green economy, Sustainable Development Goals, responsible investing, and governance.

               

              Increasingly, democratic governance must be defended against external authoritarian influence. In 2018, CIPE identified the challenge of “corrosive capital” originating in China, Russia, and other countries, which lacks transparency, accountability, and market orientation.[22] When opaque finance enters recipient countries through governance gaps, it commonly has negative impacts on human rights, the environment, small business, and labour, not to mention exacerbating governance challenges. CIPE has reported on these financial flows and associated problems in the Western Balkans, Southeast Asia, and other regions. Counter-measures to neutralise corrosive capital include: enacting policies that clearly govern foreign investment, strengthening public procurement systems, increasing transparency of public budgets, and enabling civil society monitoring, and potentially tapping new sources of development finance. Enabling well-governed, “constructive” investments can drive the creation of a more transparent and market-oriented business culture, leading to a virtuous economic cycle that augments the efficiency of markets and fosters greater social inclusion.[23]

               

              Promoting ethical practice and respect for human rights

              Business and human rights and responsible business conduct are topics of growing interest in the democracy and development communities. While relevant standards have largely been focused on multinational enterprises, there remains scope to assist local businesses in adapting international best practices (United Nations Guiding Principles on Business and Human Rights) to their context and adopting compliance systems, as well as having a voice in emerging human rights legislation.[24] Corporate governance initiatives, anchored in stakeholder governance models and risk management, provide a solid framework for raising standards at the firm or industry level.

               

              The United Nations Global Compact assists companies to “move from commitment to action” on human rights through five areas of business engagement: awareness raising, capacity building, recognising leadership, policy dialogue, and multi-stakeholder partnerships.[25] Resources on these topics are also available from the Business and Human Rights Resource Centre and from BSR (formerly Business for Social Responsibility). The International Finance Corporation has related resources on corporate governance, stakeholder engagement, and risk management.

               

              Supporting civic values and civil society

              Business increasingly recognises that liberal values are being challenged, and that it cannot be passive in the defense of values. The US Chamber of Commerce Foundation has established a Civics Forward initiative to convene business leaders around civic education and civil discourse, declaring, “informed and active citizens make for a stronger country, a stronger economy, and a stronger workforce.”[26]

               

              Not to be forgotten, non-profit business associations represent significant constituencies within civil society—including small business and diverse entrepreneurs. Alexis de Tocqueville, in Democracy in America, recognised the important roles of associations in preserving political independence and pursuing common aims. Independent, organised business can resist arbitrary government action and provide space for plurality of expression. In closed regimes, advocacy for economic reform is often one of the few avenues available to exercise freedoms of association and speech. Donors that support public-private dialogue toward policy reform commonly include association capacity building as a component of their programmes. In Ethiopia, CIPE has worked with more than 50 membership-based organisations and established a Civic Engagement Hub for civil society organisations.

               

              Opening pathways for new groups to access opportunity

              Most thinkers on democracy, starting with Robert Dahl, would agree that extreme inequality is harmful to democracy because it limits citizens’ ability to participate effectively and reduces their trust in the regime. Thus, economic inclusion, typically part of development work, should be paired with strategies for democracy assistance. One important dimension of inclusion, women’s economic empowerment, can change the status of women within households and communities, and even increase their ability to participate in politics. To empower individual women in Papua New Guinea, CIPE, supported by Australia’s Department of Foreign Affairs and Trade (DFAT), established a Women’s Business Resource Centre for women of all backgrounds to access business services, training, and support, with childcare services provided.[27] To lower systemic barriers and reduce inequities, collective action through CIPE’s Women’s Business Agenda process has been employed in South Asia and Africa. In Nigeria, a coalition first formed in 2013 now has 52 member organisations representing more than four million women entrepreneurs and businesswomen and updated its platform in 2020 to raise issues of security, access to electricity, infrastructure, gender equality and access to finance.[28]

               

              Recommendations for UK strategy

              In order to support open economies in ways that reinforce democratic development and open societies, the UK can take a leadership role by shaping foreign assistance in line with its values while learning from the experience of other development partners.

               

              The adaptability of democracy will depend on finding satisfactory solutions to current challenges:

              • Restoring trust in open markets and free enterprise: This will require assuring citizens that market institutions fairly apply the same rules to everyone, that corruption is under control, and that businesses operate ethically.
              • Reducing inequality within countries: This will require expanding economic opportunities and ensuring access to opportunity by disadvantaged groups in addition to democratising services and providing social safety nets.
              • Countering the erosion of democratic institutions by domestic and external forces: This will require constraints on authoritarian finance, anti-corruption measures, and new roles for business in defending the pillars of open societies.

               

              By the nature of these challenges, as Thomas Carothers as argued, economic concerns should be integrated into democracy support, replacing the typical silos of development and democracy within foreign assistance programmes. This does not entail adding new programmes or detracting from rights-based approaches so much as identifying complementary resources and approaches. Integration could include: focusing on contributions of economic governance to rule of law and respect for rights; engaging grassroots business constituencies and supporting women entrepreneurs and business leaders to engage in politics; treating economic inclusion as a path to enfranchisement; and handling issues of development policy within countries as opportunities for participatory governance. On the development side of the equation, integration could include: embracing democratic governance as part of improving human welfare; enhancing governance as a means to improve performance management or the legitimacy of country ownership; and applying politically smarter methods in development programmes.[29]

               

              Depending on a country’s conditions with respect to freedom, institutional development, and civil society, UK strategy can target interventions that leverage economic drivers of change and business constituencies who share a stake in competitive, rules-based, and value-based reforms. Once the strategic opportunity has been targeted, the UK can select modalities from its repertoire that fit the purpose. Many widely used modalities for private sector engagement, as identified by the OECD, are quite amenable to democracy assistance, namely: knowledge and information sharing, policy dialogue, technical assistance, capacity development, and finance. Of these, finance tends toward transactional activities, but more broadly construed could involve support for civil society and democratic institutions.

               

              Country-level strategy for open economies should be informed by high-level discussion and co-creation with the private sector, civil society, economists, and others. Too often, donors take a top-down approach to engaging partners.[30] In democracy assistance, it is even more vital to engage varied interests—as in open access orders—and not confine assistance to the technical aspects of institution building and governance. A coherent strategy for open economies must support inclusive, market-driven approaches based on positive incentive structures; establish robust partnership frameworks (such as the Kampala Principles);[31] and nurture the development of broad reform coalitions that sustain the political economy of reform.

               

              Conclusion

              Open economies and open societies have delivered tremendous human progress, yet in recent years have not fully lived up to expectations. The resurgence of competing models signals three things. First, the institutional ‘infrastructure’ of market economies and the liberal order must be restored to be more resilient, responsive, and equitable. Second, the enabling environment for technological, economic, and social innovations must be improved to develop new markets, business models, and governance mechanisms that expand opportunity and meet today’s challenges. Third, defenders of open societies and open economies should come together to counter authoritarian, illiberal, populist approaches and show that their model offers effective, more legitimate, and more sustainable solutions to citizens’ needs.

               

              The UK has existing capabilities for private sector engagement, business climate reform, and anti-corruption, all of which could be paired effectively with democracy assistance mechanisms. The purpose of this integration would not be to redirect democracy support but to reinforce democratic values, rights, and institutions with corresponding values, interests, rule of law, and pluralism in the economic sphere. The targeted application by the UK of mutually reinforcing strategies, in support of locally driven change, will help sustain both democratic openings and more inclusive growth. This new focus on the economic dimension of democracy assistance can bolster democratic legitimacy and performance in democracy that delivers.

               

              Kim Eric Bettcher leads the Center for International Private Enterprise’s (CIPE) Policy and Program Learning department, including knowledge management and applied research. PPL facilitates the international exchange of good practice, lessons learned, and policy options for democratic and market transitions. Dr. Bettcher has created numerous programme resources for CIPE on democratic governance, private sector engagement, entrepreneurship ecosystems, public-private dialogue, and other themes. He also manages the secretariat of the Free Enterprise & Democracy Network. Previously a research associate at Harvard Business School, Bettcher holds a Ph.D. in political science from Johns Hopkins University and a bachelor’s degree from Harvard College. 

               

              [1] HM Government, Global Britain in a competitive age The Integrated Review of Security, Defence, Development and Foreign Policy, March 2021, https://www.gov.uk/government/publications/global-britain-in-a-competitive-age-the-integrated-review-of-security-defence-development-and-foreign-policy

              [2] Heritage Foundation, Economic Freedom Around the World: The Key to Human Progress, in the 2021 Index of Economic Freedom, https://www.heritage.org/index/pdf/2021/book/2021_IndexofEconomicFreedom_CHAPTER03.pdf

              [3] Seymour Martin Lipset (1981). Political Man: The Social Bases of Politics. Baltimore, Maryland: Johns Hopkins University Press.

              [4] Barrington Moore, Jr. (1966). Social Origins of Dictatorship and Democracy: Lord and Peasant in the Making of the Modern World. Boston: Beacon Press.

              [5] Samuel P. Huntington (1991). The Third Wave: Democratization in the Late Twentieth Century. Norman, OK: University of Oklahoma Press. pp. 65-68.

              [6] Andrew Wilson, Business Values Are Democratic Values, Voice of America, May 2016, https://blogs.voanews.com/us-opinion/2016/05/17/business-values-are-democratic-values/

              [7] Larry Diamond, Democracy and Economic Reform: Tensions, Compatibilities, and Strategies for Reconciliation, in Economic Transition in Eastern Europe and Russia: Realities of Reform, ed. Edward P. Lazear (1995). Stanford: Hoover Institution Press. pp. 111–112; Ben Ross Schneider (2004). Business, Politics, and the State in Twentieth-Century Latin America. Cambridge: Cambridge University Press. pp. 246–250; Didi Kuo (2018). Clientelism, Capitalism, and Democracy: The Rise of Programmatic Politics in the United States and Britain. Cambridge University Press.

              [8] Peter Berger, The Uncertain Triumph of Democratic Capitalism, in Capitalism, Socialism, and Democracy Revisited, eds. Larry Diamond and Marc F. Plattner (1993). Baltimore: Johns Hopkins University Press.

              [9] Note that Scandinavian-style welfare state systems still have high levels of economic freedom. Heritage Foundation, 2021 Index of Economic Freedom.

              [10] Robert A. Dahl (1971). Polyarchy: Participation and Opposition. New Haven: Yale University Press. p. 60.

              [11] Kim Eric Bettcher, CIPE Guide to Governance Reform, CIPE, August 2014, https://www.cipe.org/resources/cipe-guide-governance-reform/

              [12] Douglass C. North et al., Limited Access Orders in the Developing World: A New Approach to the Problems of Development, World Bank Policy Research Working Paper 4359, September 2007, p. 19, https://openknowledge.worldbank.org/handle/10986/7341

              [13] Larry Diamond, Political Freedom and Human Prosperity, Hoover Institution Essay Series on Socialism and Free-Market Capitalism: The Human Prosperity Project, Stanford University, 2020, p. 2.

              [14] Adam Przeworski et al. (2020). Democracy and Development: Political Institutions and Well-Being in the World, 1950–1990. Cambridge: Cambridge University Press.

              [15] Carles Boix and Susan C. Stokes, Endogenous Democratization, World Politics 55 no. 4, July 2003, https://www.jstor.org/stable/25054237; Julian Wucherpfennig and Franziska Deutsch, Modernization and Democracy: Theories and Evidence Revisited, Center for Comparative and International Studies, ETH Zurich and University of Zurich, Living Reviews in Democracy 2009, https://ethz.ch/content/dam/ethz/special-interest/gess/cis/cis-dam/CIS_DAM_2015/WorkingPapers/Living_Reviews_Democracy/Wucherpfennig%20Deutsch.pdf

              [16] Thomas Carothers, How Democracies Emerge: The ‘Sequencing’ Fallacy, Journal of Democracy 18 no. 1, January 2007, https://journalofdemocracy.org/articles/how-democracies-emerge-the-sequencing-fallacy/

              [17] Brian Levy (2014). Working with the Grain: Integrating Governance and Growth in Development Strategies. Oxford: Oxford University Press.

              [18] Basel Institute on Governance, B20 Collective Action Hub, Baselgovernance.org/b20-collective-action-hub

              [19] Kim Eric Bettcher, Benjamin Herzberg, and Anna Kompanek, Public-Private Dialogue: The Key to Good Governance and Development, CIPE, January 2015, https://www.cipe.org/resources/public-private-dialogue-key-good-governance-development/

              [20] KEPSA, Public private dialogue, https://kepsa.or.ke/public-private-dialogue/

              [21] CIPE, Kenya Cumulative Assessment Report, September 2017.

              [22] John Morrell, Channeling the Tide: Protecting Democracies Amid a Flood of Corrosive Capital, CIPE, September 2018, https://www.cipe.org/resources/channeling-the-tide-protecting-democracies-amid-a-flood-of-corrosive-capital/

              [23] Eric Hontz, Building a Market for Everyone: How Emerging Markets Can Attract Constructive Capital and Foster Inclusive Growth, CIPE Insights, October 2019, https://www.cipe.org/newsroom/building-a-market-for-everyone-how-emerging-markets-can-attract-constructive-capital-and-foster-inclusive-growth/

              [24] OHCHR, Guiding Principles on Business and Human Rights, April 2011, https://www.ohchr.org/documents/publications/guidingprinciplesbusinesshr_en.pdf

              [25] United Nations Global Compact, Human Rights: The Foundation of Sustainable Business, 2018, https://www.unglobalcompact.org/library/5647

              [26] U.S. Chamber of Commerce Foundation, Civics Education, https://www.uschamberfoundation.org/civics-education

              [27] PNG WBRC, see website: https://www.pngwbrc.com/

              [28] Association of Nigerian Women Business Network, Women National Business Agenda, https://www.anwbn.org.ng/women-national-business-agenda-2/

              [29] Thomas Carothers and Diane de Gramont (2013). Development Aid Confronts Politics: The Almost Revolution. Washington, DC: Carnegie Endowment for International Peace.

              [30] Donor Committee for Enterprise Development, How Donors Can Make the Transition to Strategic Private Sector Engagement: Programming Innovations and Organisational Change, DCED Briefing Note, March 2017. https://www.enterprise-development.org/wp-content/uploads/DCED_Making_the_Transition_to_Strategic_Pivate_Sector_Engagement.pdf

              [31] Global Partnership for effective Development Co-operation, Private Sector Engagement, https://www.effectivecooperation.org/landing-page/action-area-21-private-sector-engagement-pse

              Footnotes
                Related Articles

                Learning from autocrats: The future centrality of media support

                Article by James Deane

                Learning from autocrats: The future centrality of media support

                The autocrats playbook

                “The playbook of “wannabe” dictators seems to have been shared widely among leaders in (former) democracies. First, seek to restrict and control the media while curbing academia and civil society. Then couple these with disrespect for political opponents to feed polarisation while using the machinery of the government to spread disinformation. Only when you have come far enough on these fronts is it time for an attack on democracy’s core: elections and other formal institutions.”[1]

                 

                This is the analysis of the annual 2021 Democracy Report published by V-Dem, the respected Stockholm-based think tank. It is one shared by most analysts assessing the prospects for democracy in the twenty-first century. Those intent on unaccountable power are targeting first and foremost the institutions they perceive as most effective at checking that power. At the top of that list are independent media. Those efforts are proving highly effective in part because authoritarians are prepared to invest substantial resources and long term political focus and in part because their task is made ever easier by broader trends that greatly favour their success.

                 

                A decade ago, there held a widespread assumption that a combination of technological and economic dynamics which dramatically decreased the cost of publishing and disseminating information would unleash fresh democratic energy and lend new wind to the democratic surge that had characterised much of the 1990s and 2000s. Despite the multiple and manifest benefits of increased access to the internet, in democratic terms the opposite has proved true.

                 

                Misinformation and disinformation has increasingly characterised what are now the dominant means through which much of humanity communicates. The business models that once sustained independent media and the generation of trustworthy information have eroded as advertising revenue has migrated online. The pandemic has wreaked further devastating damage on media revenues and has been widely acknowledged, including by the UN Secretary General, as a potential “media extinction” event.[2] Estimates for global revenue loss of newspapers alone have been put at $30 billion.[3]

                 

                Authoritarian and other non-democratic actors are using the emergency as just the latest opportunity to strengthen media that is favourable to them and destroy media that could hold them to account. Domestically, they are increasingly doing this by applying financial, as well as political measures by deploying government advertising in their interest, seizing or attacking the financial assets of independent media or making the cost of doing journalism ever more risky and expensive. Internationally they are financially investing in media favourable to their interests or taking other measures that weaken or delegitimise independent media.

                 

                Efforts to defend independent media by contrast are poorly resourced, highly fragmented and insufficiently effective. The UK has played a leading role in working to defend independent journalists and journalism through its Defend Media Freedom campaign and the founding of an important new Media Freedom Coalition consisting now of 50 governments and strong civil society engagement.[4] This has leant much needed diplomatic muscle and created important mechanisms for coordination of media defence efforts across government and civil society.

                 

                Despite this and other important efforts, such as from the UN and multiple NGOs (including my own), the steady march of political capture of media, the intensifying economic crisis confronting independent media, and the ever more organised and often fatal attacks on journalists and the media houses that employ them intensify every day.

                 

                The consequences of this – for democracy, for human progress – become increasingly obvious. Democracy ceases to function if power cannot be held to account or if the concerns of people are not articulated and reflected in public and political debate. Societies cannot respond effectively to the dangers and challenges that confront them. The epidemic of misinformation and disinformation that has accompanied the COVID-19 pandemic (part of what the WHO calls an ‘infodemic’) is the most obvious recent example of this. Humanity is faced with intense, complex and interconnected challenges chief of which is climate change. Navigating those challenges democratically and peacefully will be extremely difficult – and impossible if societies do not have access to information they can trust in forms that are relevant to their lived reality.

                 

                Autocrats have increasingly mastered this new information and communication environment. They have understood the sheer range of options they have available to them. They can control information their people have access to by co-opting and neutralising any media that is inconvenient to their interests. They can create so much confusion and distrust among people over what and what not to believe that any genuinely trustworthy source can no longer attract credibility amidst the polluted sea of misinformation and disinformation to which most people have access. They can use state power to intimidate, imprison or attack independent journalists or, increasingly to financially subsidise media that is favourable to their interests and financially punish those that are not. Appledaily in Hong Kong is just the latest example of how the financial seizure of assets is the increasingly popular tool in the playbook.

                 

                And a chaotic digital infrastructure that can so easily amplify and encourage misinformation and disinformation, bury trustworthy information and amplify the most extreme views in society is providing immense tactical advantage to those who depend for their power on a citizenry that has no reliable access to information that is independent of that power.

                 

                Those defending independent media are confronted with intensely hostile terrain, with much more limited tools and far more constrained financial and political firepower than those undermining it.  There are extraordinary, imaginative, courageous and determined efforts by independent media, as well as organisations that exist to support them, to confront these challenges but for some time now, independent media has been in decline around the world. No matter how smart, agile or determined media and media support organisations are, media keep weakening, information and communication spaces keep deteriorating, autocrats and others bent on co-opting power become stronger and richer. Independent media are increasingly forced to sustain themselves by disappearing behind paywalls or taking other measures that make them less and less accessible to the vast majority of people in society. As information inequality grows so too does the power of those in the best position to subsidise and finance media that is free to all – and that is increasingly state and political interests with power and money and the will to deploy both.

                 

                International donor responses have been at odds with both the scale and character of the threat. According to OECD DAC figures, donor funding to independent media stands at around 0.3 per cent of total development assistance, a proportion that has barely increased over the last decade. Total development spending in autocracies, meanwhile, has increased substantially (increasing by more than 150 per cent over the last decade to closed autocracies). Support to ‘state building’ in closed autocracies has increased by almost 200 per cent over the same timeframe. Total development support to democracies, on the other hand, has decreased.

                 

                There can be good reasons to spend development assistance in autocracies especially if that support makes them less autocratic and saves lives, but the results of that seem questionable. Given how effective independent media is at holding power to account, at least doubling or tripling the existing very small volumes of support to media assistance in this context seems more than justified.

                 

                There are solutions if there is will to back them

                It is very possible to confront these threats.

                 

                The first step is to acknowledge the severity – in democratic and human development as well as security terms – of the challenge and allocate resources accordingly. The kinds of resources, political and strategic attention and long term commitment required to confront the challenge will not emerge unless the scale of it is understood. If, as so much evidence suggests, there really is a media extinction taking place and if, as evidence also suggests, citizens the world over simply cannot engage effectively in democratic life because their information and communication environments have become so dysfunctional, it is impossible to conceive that democracies will flourish or societies will prosper. Those intent on power and influence who are focusing their efforts so effectively on either co-opting media or rendering information and communication spaces dysfunctional for democratic discourse, will win.

                 

                Second, resource the response proportionately to the scale of the threat. This is not a marginal issue of domestic, foreign or development policy but it is treated like it. Some of the most severe effects are in low and middle income countries and yet, as highlighted above, media support constitutes an extremely small just 0.3 per cent of international development assistance is currently allocated to support to “media and the free flow of information”. While there is growing policy concern internationally focused on media sustainability funding sources more generally remain minimal. International funding support is poorly coordinated. The international community needs to make a clear, hard headed assessment of where it needs to put its resources if it is to resist autocracy and encourage successful democratic development. The autocrats have made their assessment and are succeeding. Democracy supporters need to make theirs. They have not yet done so.

                 

                It is in this context that the International Fund for Public Interest Media has been conceived, with the backing of the UN Secretary General, IPFIM is designed to greatly increase the resources available to independent media by providing a clear, independent, legitimate and efficient mechanism through which bilateral development donors, technology companies and others can channel resources. The Fund has a ten year strategy both to resource independent media and to develop systemic solutions to the current market conditions that are making it impossible to sustain media especially in low and middle income countries. A minimum $100 million has been set as an initial annual target. A clear exit strategy means that the Fund is not designed to be open ended. The initiative is attracting strong interest from many donors and is likely to be launched in late 2021.

                 

                Third, commit to the kind of long-term, coherent strategic intent that many authoritarians appear to have. Support to media is currently not only very limited in financial terms, it is also highly fragmented, projectised and short term. Very few independent media, especially with significant potential to reach large numbers and particularly in low and middle income countries, has a viable business model available to support it. Ensuring that independent and trustworthy media exist in the future will depend on a systemic approach capable of creating an enabling economic as well as political environment. Autocrats are playing a long game. Democrats, who find it inherently difficult to look beyond the electoral cycle, find long term approaches difficult. That needs to change if current losses are to be reversed. The International Fund – as a multilateral body with multiple sources of income and so more resilient against decisions taken by any one donor – provides one way of doing that. So too does more structured support to existing media support organisations and investment in better lesson learning and coordination. For example, BBC Media Action leads the UK Government supported Protecting Independent Media for Effective Development consortia, one of largest efforts to improve coordinated action and learning in media support).The resourcing of media and other forms of democratic support needs to be more sustained and strategic if it is to be effective in the face of authoritarian threats.

                 

                Fourth, integrate media and communication considerations much more effectively across foreign, diplomatic and development policy. This applies to health, the WHO has made clear how concerned it is about the ‘infodemic’ that has accompanied the COVID-19 pandemic. It applies to climate change which has been, and will increasingly be, subject to intense misinformation and disinformation. The recently published report from the International Panel on Climate Change concluded that “because climate change affects so many aspects of people’s daily work and living, climate change information can help with decision-making, but only when the information is relevant for the people involved in making those decisions. Users of climate information may be highly diverse, ranging from professionals in areas such as human health, agriculture or water management to a broader community that experiences impacts of changing climate.”[5] And it applies across most of the international foreign, international development and security agenda. There are very few areas of human life or foreign and development policy which will not be shaped in the future by the character of information people have access to.

                 

                Fifth, focus on the public interest but support approaches that can take risks and innovate. The future is being reinvented fast and no one is suggesting that the past should be its template. There are few answers so far to the current business model challenge in media especially in low and middle income countries (which is why a long term strategy to address the issue systemically over a ten year period is a necessary part of the solution). ‘Traditional’ media have often been unreliable, sensationalist and controlled by very few in society. New forms of financing and defending the media will almost certainly look very different from those that existed in the past. That future needs to be forged by an effective multidisciplinary and multi-stakeholder dialogue involving media, civil society, technology platforms, governments, international development banks, advertisers and the rest of the private sector.

                 

                Sixth, create more effective learning systems which can enable media support strategies to adapt fast to a complex and dynamic set of trends and that can provide clear practical guidance on what works and does not. The UK has invested heavily in evaluation and research in its international development support but has not always prioritised this in the area of media support.

                 

                This is a competition for the future – failure to act means losing that competition

                Democracies cannot and should not compete with autocrats on their terms. They should learn and understand how and why autocrats are investing attention and money in controlling the media and why they are so successful in doing so.

                 

                The answer to autocratic co-option of independent media is not democratic co-option of independent media. The answer to the insistence by autocrats that media serves their interests is not to insist media serves democratic government interests.

                 

                The answer – the solution – is far more powerful than that. It is to support independent media that serves the public interest and provides publics with news, information, storytelling, and platforms for public debate that publics can trust and that reflect their priorities. The current international effort and system for doing that is simply insufficient.

                 

                The International Fund for Public Interest Media is just one solution to this crisis. There will need to be many others from effective regulation of technology companies to more effective reform of state media by countries committed to democracy to improving media literacy to tackling online harms and disinformation.

                 

                The business model that has traditionally supported media’s public function in society for much of humanity is disappearing. There is no obvious replacement for that business model, which is why autocrats are finding their work so relatively simple. So far it is only the extraordinary courage, resilience and ingenuity of thousands of journalists and others worldwide which has formed the resistance to full scale authoritarian takeover. They now need far more and far better organised support. If countries committed to democracy are to start winning, they need to confront authoritarians in areas they least want to be confronted, while also ensuring healthy media environments at home. Independent media needs to be at the core of that effort.

                 

                James Deane is Head of Policy at BBC Media Action and co-founder of the International Fund for Public Interest Media to which he is also a consultant. He has more than 35 years’ experience in supporting media around the world and in developing strategies to provide widespread access to trustworthy information and public debate. He was a founding member of the Panos Institute, another media support organisation, and has advised numerous governments and donors on media support issues. He is also chair of Global Voices, a citizen journalist network. 

                 

                [1] V-Dem, Democracy Report 2021, Autocratization Turns Viral, March 2021, https://www.v-dem.net/en/publications/democracy-reports/

                [2] International Fund for Public Interest Media, see website: ifpim.org

                [3] Prof. Rasmus Kleis Nielsen, Federica Cherubini and Dr Simge Andı, Few winners, many losers: the COVID-19 pandemic’s dramatic and unequal impact on independent news media, Reuters Institute, November 2020, https://reutersinstitute.politics.ox.ac.uk/few-winners-many-losers-covid-19-pandemics-dramatic-and-unequal-impact-independent-news-media

                [4] FCDO, Media Freedom Coalition: an overview, Gov.uk, July 2021, https://www.gov.uk/government/publications/media-freedom-coalition-an-overview/media-freedom-coalition-an-overview

                [5] IPCC, Climate Change 2021: The Physical Science Basis, August 2021, https://www.ipcc.ch/report/ar6/wg1/downloads/report/IPCC_AR6_WGI_Full_Report.pdf

                Footnotes
                  Related Articles

                  Digital democracy

                  Article by Catherine Stihler

                  Digital democracy

                  For digital democracy to succeed across the world, we need an open reformation in our democratic systems, practices and mindset. Far from radical, this is essential if we are to promote liberal democracy and open societies across the globe.

                   

                  If the pandemic has taught us anything, it is that new ways of doing things are possible – if not preferable – and open access, data and content have played a critical role from developing a vaccine in record speed to citizen science initiatives tackling the virus in local communities. At Creative Commons we are proud of the part we play in enabling sharing in the public interest through our open licenses, creating open access to knowledge, culture, research and data worldwide. The Open COVID Pledge, freeing thousands of patents to be used in the fight against the virus, is just one example of our leadership in opening up knowledge for public good.[1]

                   

                  Across the world, our digital lives have enabled us to continue working and living when our physical world has been closed or limited. And now as we slowly return to a new normal, what can we learn from what we have just experienced to promote the benefits of digital democracy in the support of open societies across our world?

                   

                  Digital democracy and human rights

                  Contained in the G7 Open Societies statement from July is the commitment to “protect digital civic space” through “capacity building and ensur[ing] that the design and application of new technologies reflect our shared values, respect human rights and international law, promote diversity and embed principles of public safety”.[2] Taking human rights and international law, if digital democracy is to succeed human rights on-line and off-line must be protected and promoted. For what is legal off-line should be legal on-line and by default what is illegal off-line should be illegal on-line, where this supports democratic values. To protect individual human rights, digital democracy and an open society, we need to ensure that human rights today reflect our digital reality particularly as we seek to balance privacy with progress, our data rights with innovation.

                   

                  Article 27(1) of the Universal Declaration of Human Rights is clear – ‘everyone has the right to freely participate in the cultural life of the community, to enjoy the arts and share in scientific advancement and its benefits’. On culture, during lockdown only those with internet access could enjoy a cultural life and even then it was limited to what collections galleries and museums could legally take place on-line. With internet access no longer available in public libraries, the poorest and most vulnerable were left even more isolated than before. Only those that could afford to subscribe to certain content channels could view the latest films or consume up to date content – a life line when we were locked down. Yet the benefits of open scientific research could be clearly evidenced during the pandemic when sharing research and open data literally helped save countless lives. Not only did official scientific research, the majority of which was publicly funded with an open access requirement, illustrate the impact of open practices but citizen driven open initiatives to understand and tackle the virus contributed to local understanding and decision-making. It is a tragedy that open research sharing did not go further to open patent sharing and so once again the Global South suffers.

                   

                  Two thoughts stem from here – where institutions and individuals were familiar with open practices and principles on-line, where trained individuals could volunteer or public funding supported, their application evidenced impact and results with scientific breakthroughs such as vaccines in record time. Those organisations that did not have the skills, resources or where the practices were not part of the culture and mindset, clearly lost out. Museums who digitised stayed accessible, those who did not remained closed. If we can learn anything from the pandemic and apply it to digital democracy, it is that for digital democracy to succeed and for an open society to flourish, we need digital skills, data skills, an open culture, clear communication and most importantly resources to support these actions. In a data driven society, digital democracy for open societies will only succeed if there is trust in the technology and its benefits.

                   

                  China

                  In China we see the opposite of digital democracy – digital autocracy. I remember visiting China in 2008 being made aware that we were clearly being observed as foreigners. Fast forward to 2021 and there is no need for humans to be involved in day-to-day surveillance when cameras and biometric facial recognition can observe both foreigners and the population as a whole. The Chinese state-run biometric facial recognition technology holds data that controls an entire population in real time. No other country has this level of surveillance conducted by the state. Jaywalk in the street and a camera can pick up your indiscretion and ping you on your phone as a warning. If a multiple offender, it could potentially lead to a low social scoring, affecting job opportunities, an entire family’s standing in the eyes of the state or worse still, arrest.

                   

                  For many Chinese, this is not a violation of human rights but about the state’s responsibility for their individual personal safety. For many the state’s intervention is welcomed by those where safety comes before freedom. For outsiders looking in this appears the epitome of Big Brother, the Orwellian control of a population with chilling effects. Yet as we condemn China, the UK and many G7 democracies use similar technology which has led to wrongful convictions and poor decision-making, affecting prisoners, asylum seekers and people of colour. If we are to succeed in creating technology, as the G7 has described, which respects human rights and the rule of law we will need to lead on creating trusted open and accountable systems, with a human hand of care looking after the public’s interest. Currently there is a rash of regulation hurtling towards policymakers – some in the name of on-line safety which could have the chilling effect of stifling free speech, banning on-line content which would otherwise be legal off-line and detrimentally affecting individual human rights and freedom of expression. Proposals in Australia, according to Digital Rights Watch, could see new laws which would allow for hacking into your computer, your online accounts and any networks you had been in contact with.[3] This would happen without you knowing or even without requiring a warrant. Clearly the on-line/offline human rights issue will become increasingly important as regulation is considered by Parliaments across the world.

                   

                  Open Reformation in practice

                  To be a leader in digital democracy, we need to be aware of the complexity and trade-offs required both to defend and promote open societies. It is no coincidence that just as summer holidays ended and schools returned, there was an announcement by the Chinese Government that they would be restricting the amount of time minors played video games to an hour a day on Fridays, weekends and holidays.[4] Many parents with teenage kids, me included, on the surface could not agree more about limiting screen time. But surely that is a parent’s job, not the state’s? Gaming today, what you eat tomorrow? Digital democracy could help society collectively find an alternative inclusive approach to this issue opposite to autocracy, using open, inclusive methods to reach consensus and make decisions. During the pandemic Taiwan has stood out on using digital democracy to empower citizens and promote an open society.

                   

                  If ever there was an open reformation approach, Taiwan is its embodiment. Yet, their success is hugely down to leadership and that of one inspiring, wise and radical individual, Audrey Tang, Taiwan’s first ever digital minister. Tang understands technology. She is a free software programmer and in line with her open values makes herself available for interviews, conferences, summits and podcasts. She took the time recently to talk to Creative Commons in our Open Minds podcast where her passion and enthusiasm for open content licensing shines through.[5] Her approach is often described as ‘radical transparency’ but her direct openness has benefited the world, helping to understand what open can empower and change.

                   

                  Taiwan is both walking the walk and talking the talk driven both by geopolitical necessity but also reckoning that society has changed and democracy needs to reflect a new reality. In a recent interview for Noema, Tang quotes the Taiwanese President, Tsai Ing-wen who said “Before, democracy was a showdown between two opposing values. Now, democracy is a conversation among many diverse values.” This is why vTaiwan (virtual Taiwan) has at its core the belief that “the government and the citizens must have the same information so that there is a trustworthy basis for public conversation”.[6] Open information helped Taiwan during the pandemic whilst the UK Government struggled with the very concept of open sharing information and data. If the UK is to promote open methods, information available to the government must be available to citizens, warts and all. What Taiwan teaches us is that to be effective in digital democracy technical understanding is critical. Taiwan’s success is down to their leadership and what open software enables. There are very few governments across the globe with a free software developer at the helm of digital policy-making and yet with Web 2.0 (mobile, social and the cloud) moving to Web 3.0 (Sir Tim Berners Lee coined the Semantic Web) (edge computing, AI and decentralised networks) we need to bridge the knowledge and culture gap before it becomes a chasm.[7]

                   

                  Open digital tools

                  Interoperability

                  To be a leader in digital democracy we need to place open digital tools at the heart of government decision-making. These tools, freely accessible to use, are also more cost effective compared to their proprietary alternatives. Huge amounts of data and knowledge remain locked away even after a decade of open government initiatives.[8] Often this is not by design; data does not talk to data, lack of interoperability between systems creates barriers and for the vast majority of civil servants and government ministers who are not data specialists this world is alien, complex and ironically feels so far from open that for the majority it feels in accessible, closed and elitist. This leads to those who understand this world to be evangelical concerning its benefits and whilst those who do not are at best ambivalent at worst hostile. For digital democracy to succeed and open societies to flourish we need a ladder of engagement making the world of Web 3 mainstream and accessible. This will help dispel myths, create understanding and foster trust.

                   

                  Digital Open Champions (DoCs)

                  What if, barring reasons of national security, that all UK Government data were openly licensed in the same format and then promoted by those departments for citizen use or even cross departmental collaboration and experimentation? What if there’s a new leadership/coordination of data scientist/ethics driven civil servants, (the US announced a similar idea), who can communicate with a lay audience – let’s call them Digital Open Champions (DoCs)?[9] A fast track of young, student recruits who can navigate this virtual world supported by their political masters. This could be painted as a recruitment exercise to attract a new, enthusiastic and change-driven cohort who want government to be run for the people by the people, with data at its centre. Mirroring Code for America’s volunteering leadership work, DoCs would not just be recruited in central government but in local government helping communities and volunteers create solutions to local problems.[10] DoCs would form the first remote and distributed cross departmental team breaking silos in central, local and devolved governments. However, part of their role, similar to the not for profit world, would be not just technical proficiency but also communication for impact and change.

                   

                  Storytelling and Ethics

                  Freeing the data is one step, communicating clearly and effectively the potential usage is another. Just like in the not for profit world, impact stories would determine success and create more budget relieving resources for even greater open reformation. This open reformation would also consider aspects of content, data and knowledge from an equity and ethical lens – creating the first ethical data collective separate from government, but which individuals could opt into if they desired as a trusted source of learning and inspiration. As social media platforms are forced to become interoperable – whether that is due to anti-trust or through platform regulation – users potentially could take their data and apply it where they want for the causes they care about and Web 3 will allow this to happen whilst preserving privacy. Could Web 3 be the key to unlock digital democracy benefiting citizens, parliaments and governments and by default promote open societies?

                   

                  Conclusion

                  We are only at the beginning of this journey, but by considering the power of open data, content and sharing as it empowers digital democracy in support of open society principles, we are at a moment where open tools stand in defence of our central belief in democracy where:

                  • Global Britain has the potential to showcase the use of open software, openly licensed content, research and data, as a leading player in the open reformation by both leading at home through Digital Open Champions but promoting abroad through FCDO support.
                  • Open tools championed by the FCDO can promote an open global research space for the global public good.
                  • Design and application of new technologies can reflect our shared democratic and ethical values.
                  • Open technologies can help deliver a shared future, supporting healthy democracies and open societies across our world.

                   

                  Catherine Stihler is CEO of Creative Commons (CC), the global organisation behind the legal tools which powers the open web. As an international leader in the open movement, Catherine has served as CEO of the Open Knowledge Foundation and spent two decades as a Member of the European Parliament (MEP) for Scotland leading on copyright reform and tech. She is currently the elected Chair of the governing body of the University of St Andrews, having been the 52nd Rector and in 2018 she received an honorary doctorate for her contribution to the university. In 2019 she received an OBE in the Queen’s Birthday honors list for political service.

                   

                  [1] For more information see: https://opencovidpledge.org/

                  [2] Cabinet Office, G7 2021 Open Societies Statement, July 2021, https://www.gov.uk/government/publications/2021-open-societies-statement

                  [3] Digital Rights Watch, Australia’s New Mass Surveillance Mandate, September 2021, https://digitalrightswatch.org.au/2021/09/02/australias-new-mass-surveillance-mandate/

                  [4] Vincent Ni, China cuts amount of time minors can spend playing online video games, The Guardian, August 2021 https://www.theguardian.com/world/2021/aug/30/china-cuts-amount-of-time-minors-can-spend-playing-video-games

                  [5] Creative Commons, Open Minds Podcast: Audrey Tang, Digital Minister of Taiwan, July 2021 , https://creativecommons.org/2021/07/13/open-minds-podcast-audrey-tang-digital-minister-of-taiwan/

                  [6] vTaiwan, see website: https://info.vtaiwan.tw/

                  [7] Fabric Ventures, What Is Web 3.0 & Why It Matters, December 2019, https://medium.com/fabric-ventures/what-is-web-3-0-why-it-matters-934eb07f3d2b

                  [8] Open Government Partnership (OGP), see website: https://www.opengovpartnership.org/; Open Data Charter, see website: https://opendatacharter.net/; and Open Data Barometer, Global Report, Fourth Edition, May 2017, https://opendatabarometer.org/4thedition/report/

                  [9] U.S. General Services Administration, Biden Administration Launches U.S. Digital Corps to Recruit the Next Generation of Technology Talent to Federal Service, August 2021, https://www.gsa.gov/about-us/newsroom/news-releases/biden-administration-launches-us-digital-corps-to-recruit-the-next-generation-of-technology-talent-to-federal-service-08302021

                  [10] For more information see: https://www.codeforamerica.org/

                  Footnotes
                    Related Articles

                    Enhancing electoral integrity in modern day society: A role for the UK?

                    Article by Dame Audrey Glover

                    Enhancing electoral integrity in modern day society: A role for the UK?

                    Promoting and upholding electoral integrity around the world is an important way to support open societies internationally. It is an area where the UK can play a significant role in assisting to build international election observation capacity. However, before looking at what can be done in detail, it would be useful to assess where election observation stands today.

                     

                    Election observation post-1990

                    Initially, there was great enthusiasm shown for democracy and elections in the early 1990s at the end of the cold war. To be able to vote for whom one wanted was a new reality for many people. Elections were acknowledged as being the cornerstone of democracy and the ultimate display of human rights because they involved the rights of assembly and association, freedom of the media and the right to vote. Elections were recognised as being a crucial step in a country’s development, with the potential benefits of election observation being well understood. The process could play an important role in promoting transparency and accountability as well as enhancing public confidence in the electoral process. To achieve this end, elections needed to be observed and reported on in order to assist and guide countries with their electoral development. International observation by the UN and the Organisation of American States goes back nearly 40 years. Against this background, election observation quickly developed from a ‘one day’ event, to a more thorough scrutiny of the whole electoral process from start to finish.

                     

                    The rights associated with elections are intended to enable a voter to vote freely without any pressure and to make a real and informed choice of a candidate thanks to an independent media.

                    • All candidates are expected to be able to campaign on the same footing against a backdrop of equal and universal suffrage;
                    • Voters must be confident that their vote can be cast freely in secret, kept secure and counted correctly; and
                    • Above all a voter must have confidence in the system as a whole and of course women, minorities and the disabled must all be allowed to participate.

                     

                    Election observation organisations

                    An increasing number of different bodies now observe elections: international organisations, international parliaments, international NGOs, Civil Society organisations and domestic NGOs. The ODIHR/OSCE was one of the first international organisations to undertake comprehensive election observation. OSCE missions are either ‘Full’ with a Core Team, Long Term Observers (LTOs) and Short Term Observers (STOs) or ‘Limited’ without STOs. Over the years the ODIHR has developed an excellent methodology for observing elections and frequently forms a common endeavour with the Parliamentary Assembly of the OSCE. Most Election Observation Missions (EOMs) around the world operate according to principles which are basically similar, but there is no universally agreed document containing election principles or how to observe them.[1]

                     

                    Comprehensive observation enables missions to look at issues which can have a profound effect on the conduct of an election such as voter and candidate registration, training of local election commissions, the campaigns of candidates, the operation of the media and access to it for all candidates, financing of the media and TV and the candidates’ campaigns and moreover whether there is an effective complaints and appeal system.

                     

                    Election observation today

                    More recently, election observation has become more complex and the popularity of and enthusiasm for EOMs around the world has distinctly waned. Why is this?

                     

                    First, over the last 18 months COVID has put a damper on observation. It is no longer easy for observers to go to other countries to observe elections. The result: they are usually ‘Limited’ elections which means that there are no STOs. As a result there is no systematic observation of voting, counting and tabulation on Election Day. Consequentially there can be no in-depth report on the whole of the election process.

                     

                    Second, due to current circumstances states often have financial overspend problems and therefore, there is less money to spend on financing Long Term and Short-Term Observers. Consequently, they have often been obliged to limit the number of elections to those in which they will send observers and have to decide on which elections they will send them to. In some instances ‘Full’ or ‘Limited’ Missions have been replaced by smaller Expert Missions which cannot report on the whole election. Even before COVID-19 donor countries were proving to be less willing to support international observation and have sent less observers to OSCE Missions. They have also not been sending observers to conflict affected countries where security costs are very high.

                     

                    Even more importantly, governments who are in power wish to stay there and manipulate elections in order to be able to do so and they have become smarter in achieving this. Instead of stuffing ballot boxes and winning with 95 per cent of the vote they have started, for example, to make it difficult for voters entitled to vote to register; redrawn electoral boundaries to their advantage; made some polling stations inaccessible; and disenfranchised voters by making it obligatory to produce certain documents, like a driving license (which not everyone has). In addition, the intimidation of civil servants and the buying of votes is taking place. In some instances the playing field is tilted before Election Day, making it hard to prove fraud and consequently ensuring victory. These practices are of course totally unacceptable because elections are for voters to choose those whom they wish to govern them not for the government of the day to choose. Everyone who is entitled by law to vote should not be prevented in any way from being able to do so. Inclusivity is paramount, particularly in relation to minority groups. COVID has provided a successful smoke screen for many countries to introduce legislation curtailing a voter’s rights without being detected until it is too late. Countries are also limiting the number of observers they will allow into their country to observe an election, although this is the prerogative of the election observation body to decide how many observers they need. This means that observation will not take place in that country. This happened recently when the ODIHR pulled out of observing the Russian election because the authorities wanted to reduce the number of observers. Corruption is rife and truth in short supply.

                     

                    Another problem of today, which creates challenges in relation to election observation, is observing the media.

                     

                    A short time ago the purpose of media observation was to see whether coverage of elections was fair, honest and representational in relation to newspapers (local and national), TV and the radio. That is often not the case today. In addition to the traditional coverage, media observation now includes social media, ‘bots’, fake news, hate speech, foreign interference, and cyber-attacks. Missions are finding it difficult to devise a methodology to report upon all forms of social media because of cost and access to social media companies’ data. Online violence especially against women in politics drives many potential candidates out of the process because action being taken against the perpetrators is unlikely.

                     

                    An alarming development is the bleak picture that exists in relation to the treatment of female and male journalists who are being physically attacked, intimidated, threatened, and murdered. Female journalists are particularly vulnerable. The various tactics which are used against them are calculated to reduce the ability of an opposition to campaign and negates the concept of informed choice.

                     

                    It is a feature of the times that verbal, written interference and physical attacks on the press is not solely done by governments but by businesses as well. Journalists are subject to vexatious legal threats to keep them quiet. These are referred to as Strategic Litigation against Public Participation (SLAPPS).

                     

                    These practises have made it even more difficult for voters to decide where the truth may be, and it is beginning to result in a reduced turn out by voters and spoilt ballot papers. It is also having the effect of creating an even greater divide between those who are in power and younger members of society and minorities who increasingly feel that they are being ignored. However, there is some evidence that voters are beginning to give voice to their concerns and show their dissatisfaction for their leaders by peaceful and persistent demonstrations.

                     

                    Furthermore to the above concerns key recommendations – that always appear in the Final Report of an election Observation Mission, such as those of the ODIHR – intended to improve the electoral process in a country are being consistently ignored. They repeatedly appear in Final Reports of an election in the same country without being acted upon thus demonstrating a weakness in effective election observation.

                     

                    This trend is being exacerbated by COVID-19. The effects of climate change are becoming ever more apparent and are involving enormous amounts of expenditure by governments, and the rise in the cost of living is having a negative effect too. Other serious challenges will doubtless be posed by new technology and the rise of populism and nationalism. What is to be done to reverse this trend when the gulf between the ‘haves’ and the ‘have nots’ is widening around the world?

                     

                    Possible solutions

                    It is encouraging to see that the UK is interested in increasing its support for electoral integrity. In the recent Integrated Review reference is made to establishing a new UK capability “to support election observation and activity to strengthen existing multilateral efforts.”[2] Much needs to be worked out what this capacity will be and how it can provide value given the wide range of bodies already well involved in this work.

                     

                    My conclusions are as follows:

                    • I would suggest that the launch of this ‘UK capability’ needs to be accompanied by a significant amount of publicity alongside as much support from different observation bodies involved in this field as possible.
                    • Given that it would take time to set up a unit in the FCDO – if it proves feasible to do so – to observe elections and given that the WFD already has significant election observation experience and is the FCDO’s ‘arm’s length body’ for international democracy assistance, a capacity could be developed there. For example, the WFD could be a resource, supplying election experts to FCDO posts, other countries and organisations who request them rather than trying to organise full EOMs around the world at this stage. That would require considerable financial resources and could come later and play a similar role to that of the Carter Centre, the National Democratic Institute and the International Republican Institute in the US.
                    • Three main models, possible modus operandi, should be considered: establishing long-term partnerships; ‘ad hoc’ partnerships for specific elections; and maintaining flexibility to move around different options in order to manage ‘ad hoc’ needs as they arise. These would make excellent guiding principles for their operation. Flexibility and adaptability could assist in making election observation more effective.
                    • Working with local NGOs who obviously know about elections and with international election organisations, pooling resources is a practical way to ensure that all aspects of an election are covered. This is particularly important now, since there is currently a general lack of financing and personnel. It would be a good way to concentrate expertise and maximise resources. Those who are observing together should of course all assess the elections against the same principles as much as possible.
                    • It would be most helpful to election observation in general if the UK and other international actors could strongly advocate that the Recommendations in a Final Report are implemented within a limited time period after the publication of a Final Election report and not in the year before the next election. The utility of election observation can only be maximised if Recommendations are effectively addressed. At present they are not implemented, despite offers of assistance from the observing bodies and in the absence of enforcement machinery to make states comply. The OSCE, for example, has long tried to encourage states to implement its recommendations but with limited success. The position should be changed if election observation is to be more effective.
                    • Media freedom, inclusivity and social media, on which it is suggested that observation missions should concentrate, are all very important aspects of an election but when observing, however, it is important that all facets of it are observed. Election financing of the media and of the candidates needs to be observed by financial experts as well.
                    • The implementation of legal provisions in relation to an election overall is also important. The law, for example, must allow anyone who wishes to take legal proceedings in relation to the election to be able to have their case dealt with prior to Election Day. It is also important to ensure that where electronic devices are used for voting that appropriate legal safeguards are in place. The issues at the core of new technologies are accountability, transparency and confidence. The system must be secure, have the capacity for an independent audit and there should always be a paper trail.
                    • Trying to observe ‘social media’ and other interferences with an election is difficult, labour intensive and requires specialists. Some organisations such as the EU, ODIHR and the OAS are already developing a methodology to deal with these new intrusions, to which WFD has contributed a valuable input. However, more needs to be done and election observation organisations should work together to come up with a comprehensive set of guidelines to be applied when observing media by all observer organisations. WFD can help to do this on behalf of the UK Government given its ongoing participation in these efforts.
                    • Although slightly outside the remit of the Initiative, it is also essential to ensure that the youth of today are not excluded from the political process. The UK Government might like to consider what it can do to encourage establishing and developing Youth Parliaments through working with organisations that have parliaments as for example the OSCE and the Council of Europe. The young have voices and views and many of them will be the Members of Parliaments of tomorrow. Now might be a good time to energise young minds and empower the next generation. Consideration should also be given as to how to engage citizens more in politics and hear their views before an election takes place.

                     

                    The Initiative is a most helpful and timely suggestion to revive and support the valiant efforts that some organisations are making to continue with election observation and to make it even more effective than it is now. It deserves the active support of the world of election observation in order to obtain its goals and I am sure that the WFD will be successful in reviving the value and importance of election observation and electoral integrity.

                     

                    Dame Audrey Glover has been involved at a senior level with the OSCE for many years. She has been head of OSCE/ODIHR Election Assessment Missions (with rank of Ambassador) on many occasions including: Turkey (May-July 2018), Italy (February-March 2018), FYROM (September-October 2017), USA (Oct-Nov 2016), Mongolia (May-July 2016), Azerbaijan (Sept-Nov 2010) and Georgia (Apr-Jun 2010). She had previously served as Director of the Office of Democratic Institutions and Human Rights (ODIHR) at the OSCE from 1994 to 1997. She has also served as Senior Adviser to the Ministry of Human Rights in Iraq (2004 – 2006), Head of the UK Delegation to the UN Human Rights Commission (1998-2003), Convener of International Law Course at Lauterpacht Centre Cambridge (1998 – 2011) and Legal Counsellor at the Foreign & Commonwealth Office (1989-1994). She is a board member of the Prison Reform Trust, the Graham Turnbull Trust and is an adviser to the board at the British Institute of Human Rights.

                     

                    [1] The 2005 UN Declaration of Principles for International Election Observation and Code of Conduct for International election observers has been signed up to by a number of the more respected international observer bodies but this far from universally used as a current reference point, particularly by groups such as the CIS which have not signed the declaration. For more see: ACE Project, Declaration of Principles for International Election Observation, https://aceproject.org/electoral-advice/dop/the-declaration-of-principles/

                    [2] HM Government, Global Britain in a competitive age: The Integrated Review of Security, Defence, Development and Foreign Policy, March 2021, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/975077/Global_Britain_in_a_Competitive_Age-_the_Integrated_Review_of_Security__Defence__Development_and_Foreign_Policy.pdf

                    Footnotes
                      Related Articles

                       Join our mailing list 

                      Keep informed about events, articles & latest publications from Foreign Policy Centre

                      JOIN