Month: May 2015

From Limited Sovereignty to Shared Sovereignty

Posted on by Susanna Cafaro

“Sovereignty, though its meanings have varied across history, has a core meaning: supreme authority within a territory. It is a modern notion of political authority” (Stanford Encyclopedia of Philosophy)

It was only after the Peace of Westphalia, in 1648, that -in Europe-  sovereign states appeared as we know them.

As we know them?

I am not really persuaded that I really know (or have known) “sovereign states”.

When I was a child, in the bipolar world, maybe just the United States and the Soviet Union were sovereign states. Maybe China too, in a different way.

The theory of limited sovereignty was spelled in clear words in the Eastern bloc, a bit less clearly (but it wasn’t less true), in the western one.

Since WWII, another kind of limitation of sovereignty came from international law, especially by International humanitarian law and human rights law. States were not completely sovereign anymore since they had obligations towards their enemies and towards their own citizens. The notion of domestic jurisdiction was gradually eroded.

In this sense, compressing national sovereignty was not necessarily bad, even if it came with lights and shadows: how many states signed human rights declarations only as a tool of propaganda? How many of them were willing to guarantee human rights and repress gross violations in other countries -using military force- even if standards at home were not so high?

The United Nations cannot really enforce what is officially declared or check the good faith of the states showing good will.

Eventually, the world became more and more interconnected and economically integrated: the so-called globalization. And new constraints on sovereignty were accepted – as WTO regulations – as a price to pay for the access to new markets.

Now, it is clear to me that sovereignty is nothing more than a fictional concept. The state is not anymore a supreme authority, a superiorem non recognoscens (if there ever was one).

It is a loss of sovereignty if we look at it from the state perspective. But we could try to see it from a different perspective.

From the global perspective – or the global public goods perspective – the loss of many fragmented sovereignties could be positive as far as they are replaced by some authority in charge for tackling the issues at stake and equipped to do it.

It is a shift from many not-really-sovereign entities to common authorities where sovereignty is fairly shared among the members.

Climate change offers a great example, but it isn’t the only one. The issue of nuclear nonproliferation is another one. What about financial instability?

From the global citizens’ perspective, the answer is not an allocation of power in whatever authority, but in the kind of authority they can interact with, and control. An authority provided with legitimacy and accountability, whose policies are inclusive.

The United Nations are not yet this kind of authority, nor the Bretton Woods institutions, but single projects and processes are leading the way. See, for instance, the World We Want platform.

Some regional organizations, as the European Union, paved the way (to some extent), but they can still improve.

Some atypical new international organizations opened innovative paths of supranational interaction among stakeholders: the Kimberley Process, the Internet Governance Forum, the Global Environmental Facility. They are an example of what I call democratic experimentalism.

The way from limited sovereignty to shared sovereignty is not a short or easy one, but what really matters is that it is not a loss, but a gain in sovereignty.

Europe Day, When Supranational Politics Was Born

Posted on by Susanna Cafaro

The declaration of 9th May 1950 by the French Foreign Minister Robert Schuman is the foundation of the European integration.

It was a proposal to Germany and other interested countries to create a common independent authority responsible for managing the French and German production of coal and steel.

Iron and coal mines are on the borders between France and Germany and they have been the reason for many wars between the two countries. Moreover, the two natural resources were -at the time- the very grounding of a prosperous economy. For this reason, what may appear as a mere economic agreement was in fact intended to preserve peace and foster prosperity.

The proposal, inspired by Jean Monnet, suggested that the classic diplomatic way to manage intergovernmental relation could be overcome by a new method: a conferral of powers to an independent authority able to bind with its decision the member states. The European Coal and Steel Community had from the very beginning a Court of Justice, whose decisions were binding, and a Parliamentary Assembly. The proposal was accepted by Germany, Belgium, Holland, Italy, and Luxembourg.

The vision was already clear in the Schuman’s declaration:

“World peace cannot be safeguarded without the making of creative efforts proportionate to the dangers which threaten it.

The contribution which an organised and living Europe can bring to civilisation is indispensable to the maintenance of peaceful relations. In taking upon herself for more than 20 years the role of champion of a united Europe, France has always had as her essential aim the service of peace. A united Europe was not achieved and we had war.

Europe will not be made all at once, or according to a single plan. It will be built through concrete achievements which first create a de facto solidarity. The coming together of the nations of Europe requires the elimination of the age-old opposition of France and Germany. Any action taken must in the first place concern these two countries.

With this aim in view, the French Government proposes that action be taken immediately on one limited but decisive point :

It proposes that Franco-German production of coal and steel as a whole be placed under a common High Authority, within the framework of an organisation open to the participation of the other countries of Europe.

The pooling of coal and steel production should immediately provide for the setting up of common foundations for economic development as a first step in the federation of Europe, and will change the destinies of those regions which have long been devoted to the manufacture of munitions of war, of which they have been the most constant victims.

The solidarity in production thus established will make it plain that any war between France and Germany becomes not merely unthinkable, but materially impossible. The setting up of this powerful productive unit, open to all countries willing to take part and bound ultimately to provide all the member countries with the basic elements of industrial production on the same terms, will lay a true foundation for their economic unification.

This production will be offered to the world as a whole without distinction or exception, with the aim of contributing to raising living standards and to promoting peaceful achievements. With increased resources Europe will be able to pursue the achievement of one of its essential tasks, namely, the development of the African continent.

In this way, there will be realised simply and speedily that fusion of interest which is indispensable to the establishment of a common economic system; it may be the leaven from which may grow a wider and deeper community between countries long opposed to one another by sanguinary divisions.

By pooling basic production and by instituting a new High Authority, whose decisions will bind France, Germany and other member countries, this proposal will lead to the realisation of the first concrete foundation of a European federation indispensable to the preservation of peace. (…)”

What we define as supranational, is the original approach to problems whose dimension is just out of reach for single states, it radically differs from the international approach as it creates an authority and a will over the states, subject to the rule of law.

We have to thank Jean Monnet for the elaboration and first experimentations of this conceptual model, but the political courage of Robert Schuman was the necessary ingredient to make it a reality. The prompt acceptance by Konrad Adenauer and Alcide De Gasperi allowed this proposal to become a shared political project.

The brave campaigns by the European Federalists, after the impetus by Altiero Spinelli, founder of this political movement and author of the Ventotene Manifesto made the project evolve over time, to meet expectations of integration and democracy.

A tribute to all our founding fathers. For many of us, your message is still alive.

 

The 1 FOR SEVEN BILLION CAMPAIGN: UN LEADERSHIP MATTERS

Posted on by Susanna Cafaro

Today, I host an important call. You can find it here

“The UN Secretary-General plays a crucial role in tackling global challenges and improving the lives of seven billion people. It is vital that the best person is chosen for the job. But the selection process is secretive and outdated. Just five countries hold sway over a decision that affects us all. The next Secretary-General will be appointed in 2016.

Individuals from across the world as well as organisations including Amnesty International, Avaaz, Forum Asia and more than 100 others are already on board. Eminent personalities like Kofi Annan and increasing numbers of governments support our aims. Candidates are putting themselves forward. Horse-trading is already underway. We need to act now.”

“Monday’s UN General Assembly debate saw a near universal demand for transforming the way in which the UN appoints its next Secretary-General.

32 member states and the EU spoke at the debate, voicing broad support for many of the concrete proposals made by the 1 for 7 Billion campaign.

Speaking at a press briefing, Natalie Samarasinghe, one of the United Nations Association – UK (UNA-UK); one of over 150 NGOs worldwide that belong to the 1 for 7 Billion movement, said:

“Not only did an unprecedented number of states speak, but their statements were stronger and – crucially – more detailed, setting out concrete, practical proposals to make the process more transparent and inclusive. We believe this spells the end of the outdated and opaque process that hasn’t been updated since 1946”.

The impact of the campaign was visible during the debate, with Liechtenstein, Mexico and Brazil making specific reference to it.

Nearly all states backed the need for a clear timeline and open exchanges with candidates. The majority (21 in total) called for female candidates to be seriously considered this time. No woman has ever held the UN’s top job.

Significantly, 10 states, including Brazil and Malaysia, called for an end to the “rubberstamping” function of the General Assembly, urging the Security Council to give the UN’s wider membership a real choice by putting forward more than one candidate.

Eight states, including Algeria, on behalf of the 120 member states of the Non-Aligned Movement (NAM) supported consideration of a single, non-renewable term for the next SG.

The Council’s “backroom deals” with candidates also came under fire, with Algeria, on behalf of the NAM, India, Nicaragua, Brazil and Indonesia, calling for a merit-based appointment without pressure on candidates to make promises on other senior appointments.

Highlights of the debate included particularly strong statements made by the NAM, Costa Rica and India on the need for the Security Council to present more than one candidate. The Accountability, Coherence and Transparency (ACT) group, representing 27 states, laid down a practical guide for action, proposing a joint letter by the Presidents of the General Assembly and the Security Council to open the selection process with a call for nominations and an end date.

In another welcome development, Canada reintroduced its important ‘non-paper’ on the selection of the Secretary-General, calling for substantive reform in the UN’s 70th anniversary year.

Vague statements made by the EU and Germany were particularly disappointing.
Predictably, only China, Russia, and the United States, three of the five Security Council members with the power to veto candidates, made statements in favor of the status quo. France remained vague. The UK displayed some leadership, proposing a clear ‘structure’ in the recruitment process, including a deadline for candidate declarations and a timetable for appointment. Matthew Rycroft, the UK’s new Permanent Representative to the UN, said:

“Yesterday’s debate is an excellent basis for negotiating a strong resolution, cementing an open and inclusive appointment process. The job of the SG is one of the most challenging and influential in the world, affecting the lives of seven billion people. We must now push hard to translate words into action in the tough negotiations that lie ahead.”

Ten reforms

A comprehensive reform of the selection process for future UN Secretaries-General should include all of the following:

  1. The position and qualifications should be advertised in all countries, with a call for nominations by Member States, parliaments and civil society organisations, and include a closing date for nominations.
  2. A formal list of selection criteria should be published by the UN; these criteria should stress that the best person should be chosen irrespective of his or her country of origin.
  3. A clear timetable for the selection process should be made public by the President of the General Assembly and President of the Security Council, no later than the start of the GA’s 70th session.
  4. A list of all the official candidates and their CVs should be published by the President of the GA at the end of the nomination phase and by the Security Council President when considering its list of preferred candidates.
  5. The President of the General Assembly and the President of the Security Council will be jointly responsible for regularly updating the UN membership and general public on the selection process once the full list of candidates has been announced.
  6. Each candidate should release a manifesto, which should include their policy priorities and a commitment to selecting senior UN officials on the basis of merit, irrespective of their country of origin.
  7. Once the names of all candidates have been announced, the General Assembly should organise a series of open sessions that will enable member states as well as the public and media to scrutinise candidates and their manifestos.
  8. The GA should insist that candidates do not make promises to individual countries on senior appointments, and member states should undertake not to seek such promises.
  9. The Security Council should be encouraged to present two or more candidates for the General Assembly to appoint as Secretary-General.
  10. The term of the Secretary-General should be limited to a single, non-renewable period of seven years.

Be a global citizen, join the campaign, select one of the proposed candidates or suggest your own, spread the word.

All the Roles of Civil Society (Supranational Democracy Applied)

Posted on by Susanna Cafaro

It is a little-acknowledged truth that civil society plays today a significant role in several important international organizations.

While the legitimacy of international organizations (IOs) is still based on the conferral of competences and participation by member states, their accountability is somehow  enhanced by an increasing dialogue with civil society and every year new inclusive processes are launched to involve in consultations NGOs and other non-statual actors.

Of course, not all the IOs are evolving in this direction and among the evolving ones the pace may differ, but when this happens in big organizations as the UN, the UNDP, the World Bank – and on big issues such as climate change or post 2015 development agenda – the phenomenon deserves a serious analysis.

What exactly is happening in these important  organizations? What role does civil society play? Is it up to the task?

Let’s take a closer look.

The roles that civil society can play are various. The first and typical one is a role of watchdog: they observe, evaluate and – if necessary – raise public concern about any misconduct or abuse of power. In this role, many NGOs have significantly contributed to transparency, giving voice to a need of information which is the first step in order to watch and evaluate. Several IOs have accepted the challenge of opening up, a progress which has to be credited to the efforts of civil society. In this role NGOs enhance accountability.

A more sophisticate – formal or informal- role is the one of advisors. The choices of international organizations may be legitimate ones, may even be inspired by the best intentions. Still, often, other solutions are possible, with better outcomes or a more desirable social impact. The mere fact that a solution doesn’t come from a top- down approach but  stems from a dialectical process makes it more politically acceptable. Of course, proposals and suggestions from NGOs don’t find an easy way through the complex machinery of the IOs decisional process. Often, they are nothing more than messages in a bottle, but still…

The more civil society is able to participate in decisions, the more it strengthens the democratic legitimacy of an organization, adding elements of supranationality to their decision making process.

A third role of civil society is giving voice to “those who are not in the room”: minorities, people living in extreme poverty or impaired by a lack of literacy. In this role, civil society may tell unconfortable truths and raise awareness, it is maybe the most precious role of all, serving social inclusion.

Now, the second question  naturally arises: are non-governamental organizations up to the task?

Are, themselves, legitimate, accountable, inclusive?

It is impossible to give universal or definitive answers: every NGO is an organization of its own kind. Possible answers come from the transparency of their inner decisional process, their budget (especially their financing), their tools and ways of acting. Decisional and budget autonomy is the dividing line between real and fake NGOs (the so-called GONGOs, serving the interests of some undemocratic government).

Moreover, civil society cannot, in any way, be considered as a spokesman or as an interpreter of a global population or, more precisely a global “demos”, whose very existence is extremely controversial in doctrine. NGOs represent just their members, citizens engaged and active on the global stage. We can only wish that their number will increase over time.

Let’s give some examples of this increasing role of civil society:

The non-governmental organizations (NGOs) interacting with the UN Economic and Social Committee grew exponentially in the last decade both in number and participation: in 1946 member NGOs were 41; in 1992 more than 700, in 2011 more than 3400. Specific websites have been set to interact with civil society and collect their opinions on several topics.

Specific polls and meetings are dedicate to interact on important issues, such as the post-2015 sustainable development goals.

During the  IMF/World bank annual and spring meetings, a civil society policy forum gives to NGOs the opportunity to interact among them and a specific meeting – the Town hall meeting – allows them to engage directly with the president of the Bank and the managing director of the IMF. Other, more restricted, consultations and meetings happen during the year and they have contributed significantly to increase transparency in the two organizations (especially in the Bank). Moreover, development projects on the grounds may involve local civil society.

The UNDP Civil Society Advisory Committee was created in 2000 as a formal mechanism for dialogue between civil society representatives and UNDP’s senior management on key issues of policy and strategy. UNDP regularly invites civil society representatives to engage on current development issues as they are key actors in development and participatory governance.

Although these processes should not be overestimated, they cannot be dismissed as “democratic embellishments”, because they are in fact enabling the emergence of supranational polities.

Looking at the same phenomenon from the NGOs’ side, we can only welcome the increasing awareness of citizens engaged in global processes.

A good example is provided by the Citizens’ Climate Lobby, a non-partisan, non-profit organization that trains and supports local teams of citizen volunteers to become policy advisors to their own elected legislators. The organizations is active in many countries and in all the 5 continents, it is actually building an open network aimed at monitoring and enhancing the work of governments to achieve decarbonization, so to have a say in the next United Nations Frame Convention on Climate Change in Paris in December 2015.

The campaign name is “Pathway to Paris“. It is an interesting lab of participatory democracy and I suggest you keep an eye on it.