Project topics and materials
Get Complete Project Material File(s) Now! »
Chapter Two Conceptual and legal framework for participation in development
Introduction
This chapter covers the conceptual and legal framework of participation in development. It starts off with a discussion of the concept of participation and its linkages with other principles before delving into the legal framework at the UN and the regional levels.
Concept of participation
Participation is generally regarded as a political activity which has influence on governmental activities and policies either directly or indirectly at the various levels of the political system.1 Participation enables those who are affected to take part in decision making not only through the vote where they chose their leaders, but also in general determining how they want to be governed in terms of formulation of public policies, plans and laws, among other things.2 Participation has been widely accepted and has been described using several words which are often used interchangeably such as: ‘citizen involvement’; ‘political participation’; ‘popular participation’; ‘community involvement’; and ‘stakeholder participation’, to mention but a few.
Participation in the conduct of public affairs and in the cultural life of the community has been a matter of concern for centuries. Aristotle, a famous Greek Scholar, said that participation of a citizen in the affairs of the state is essential to the development and fulfilment of the human personality.3 He argued that to be excluded from politics, as was often the case for slaves during his time, meant that one did not fully develop the faculty of reason or sense of responsibility for other peoples’ welfare and a disposition toward prudent and balanced judgements.4 Participation is also regarded as an important aspect of development which contributes to the enjoyment of human rights ensuring the wellbeing and affirming the dignity and worth of human beings. Participation is asserted as an important factor and condition for development.
Linkages between participation in development and other principles
Participation in development cannot be considered in isolation. The effectiveness of citizen participation in development is dependent on several factors such as democracy, rule of law, social inclusion and respect for human rights, among other things. In practice and theory, the concept of participation in development is grounded and linked to other principles such as: democracy and decentralization, rule of law, social inclusion, development and respect for and protection of human rights5 which are interlinked and will further be discussed below.
Participation in development, democracy and decentralization
Participation in development has its foundations in democracy and is an important part of democracy. A quick connection can be drawn from the simple definition of a democratic government by the US President Abraham Lincoln: ‘…government of the people, by the people, for the people’.6
Such government as described by Lincoln definitely requires participation of its citizens and their input in decisions that affect their lives. Citizens play a major role in democracy such as: voting; being voted for; debating public issues; attending community meetings; petitioning government; protesting; and active membership in independent non-governmental organisations (NGOs) and CSOs. Participation in a democracy has been affirmed by many others.7
It has been suggested that democratization can be determined or assessed by the levels of participation by the citizens in decisions that affect their lives.8 Participation, it has been argued, makes democracy more democratic because it enhances involvement in public affairs based on the equal worth of all human beings and encourages individuals to learn to value and deal with disagreements, conflict and differences as they have to take account of the interests of others.9 Participation was also core in the conduct of affairs in traditional African societies as most decisions were reached by consensus and after consultations with some elders and leaders in the community.10 Participation in development like democracy is inspired by the ancient Athenian politics and African traditions. Notably, there were limits and exception in the definition of citizens or of those who could participate in the past. Nevertheless, in all these practices, the need for all citizens to have an equal say in the direction of state policy was emphasised.11 However, participation in development just like democracy still faces challenges in application and implementation.12
Democracy is closely linked to decentralization which encourages citizens to participate in decision making at local levels. Thus, participation in development is also closely linked with decentralization as it also includes involvement in decision making processes specific to development. Decentralization involves mechanisms for enhancing shared responsibilities between institutions of governance at the central, regional and local levels which has an impact on good governance as it provides people with opportunities to participate in decision making including on economic, social and political matters.13 Decentralization also helps in developing people’s capacities and augmenting government transparency, accountability and responsiveness.14 Decentralization is thus also linked to democratization and greater political participation and is considered essential for achieving human development.15 Human development involves expanding people’s choices and enlarging their freedoms and opportunities to improve their well-being.16 Participation in political and communal life, which includes participation in development, is one of the conditions for enhancing human development.17
Participation in development and rule of law
Participation in development is linked to the rule of law. The rule of law has various definitions which have evolved since Dicey described it.18 Simply stated, the rule of law is the principle that individuals, persons and government shall submit to, obey and be regulated by law, and not arbitrary action by an individual or a group of individuals.19 In a society governed by the rule of law it is envisioned that such a society will adopt or maintain a set of good, just, and fair laws by which it and its government will be governed.20 It has been stated in reference to the rule of law as “…a government of laws, and not of men or women” specifically referring to the rule of persons bound by law and not subject to the arbitrary will of tyrants in an environment where no one, including the leader, is above the law and everyone is subject to and equal before the law.21
Participation in development, in this regard, is linked to the rule of law in the sense that, more often than not, it is required by law. Furthermore, participation in development is also necessary in the rule of law for citizens to make an input in the laws and policies which govern them. Participation is thus part of the rule of law, as was expressed quite eloquently in the report of the UN Secretary-General on the Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies:22
The “rule of law” is a concept at the very heart of the Organization’s mission. It refers to a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparenc.
Participation in development and social inclusion
Participation in development is very closely related to social inclusion. The World Bank defines social inclusion, which is a central tenet in its goal of ending extreme poverty and promoting shared prosperity, in two ways:
- The process of improving the terms for individuals and groups to take part in society, and
- The process of improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity to take part in society.23
Social inclusion is aimed at empowering poor and marginalised people to take advantage of increasing global opportunities especially in making decisions which affect their lives and enjoying equal access to markets, services and political, social and physical spaces.
Declaration
Dedication
Acknowledgements
Abstract
List of Acronyms
Table of contents
Chapter One Introduction
1.1 Background and context
1.2 Statement of the Problem
1.3 Research Questions
1.4 Objectives and Relevance of the Study
1.5 Assumptions
1.6 Methodology
1.7 Limitations
1.8 Literature Review .
1.9 Structure of the Study
Chapter Two Conceptual and legal framework for participation in development
2.1 Introduction
2.2 Concept of participation
2.3 Linkages between participation in development and other principles
2.4 Legal framework on participation in developmen
2.5 Concluding Remarks
Chapter Three The right to participate in development in Uganda
3.1.Introduction
3.2 Historical Background
3.3 Legal and Institutional framework for participation in development
3.4 Participation by affected individuals
3.5 Concluding remarks
Chapter Four Barriers and Obstacles to participation in development
4.1 Introduction
4.2 Challenges of participation in development in Uganda
4.3 Concluding remarks
Chapter Five Best Practices for Effective Participation in Development
5.1 Introduction
5.2 Practices that enhance effective participation in development
5.3 Conclusion
Chapter Six Conclusion and recommendations
6.1 Introduction
6.2 Summary of findings
6.3 Conclusion
6.4 Recommendations
6.5 Final remarks
Bibliography
List of Cases
GET THE COMPLETE PROJECT
