Participation

COP21: A Global Community at Work

Posted on by Susanna Cafaro

In the supranational democracy I imagine, every citizen is a global citizen. But not every citizen is an engaged global citizen and not every engaged one is committed to the same cause.

There are so many issues and so many front lines to engage on and we do not have all the same priorities, so it’s quite natural to me that everybody will (and already does) choose what is really dear to his/her heart, what really matters for her.

We are going to join our community, to commit to our cause with like-minded individuals. That’s the best way to make a difference.

I imagine supranational democracy as a galaxy of global institutions and fora, each having its own community of committed citizens to dialogue with, to draw legitimacy from, to hold them accountable. Overlapping global communities will push for the global public goods we all need.

We have in front of us a powerful example.

In COP21 we see a global community committed to stop climate change: national delegations, international organizations and a wide gathering of committed people – businessmen and investors, NGOs’ activists, scientists and experts, representatives of local communities and of indigenous peoples – all involved in one huge debate, at different levels.

The global demos in the making is something different from the nation we have experienced in the past 3 -4 centuries. What makes us stand together as humanity is an idea of common good which will involve us on a voluntary basis in different processes and priorities.

For this reason I think that it is unilkely that we are going to see a global parliament in the future and  -even if I would be the first to support such an evolution of the General Assembly of the United Nations- it wouldn’t respond fully to our need of democracy because of the distance from the electoral body and the (inevitably) small number of representatives.

What would really make shorter the distance between real people and global institutions would be assemblies or gatherings committed to specific topics: humain rights, sustainable debelopment, equality, fair finance, health and so on. Each of them is already prefigured in a global debate among committed people and each debate is already going on somewhere, somehow.

Encouraging these debates and offering them an institutional space  would make them visible and transparent, would enhance  their effectiveness and fuel productive outcomes.

We hope to  remember one day the COP21 as a turning point in stopping climate change. We could also remember it as a big experiment of global debate, at so many different levels, among members of a global community.

A Very Personal Journey

Posted on by Susanna Cafaro

I sailed to Utopia early in my life.

Since I was a teenager I had a quite cosmopolitan attitude and a confuse wish to fix the world. “Imagine” by John Lennon was my personal anthem.

Maybe it’s just normal, maybe most of the boys and girls have this same approach to life or just those of us who are labeled as “dreamers”.

Life, adults explain, is about other, more “realistic”, stuff: things like studying, getting a job, getting married, having babies.

Only now, thanks to the frequent conversations with my students, I realize how many precious energies and enthusiasms of this early stage of life are dissipated under a flood of social conventions.

But I was partly spared this awful destiny as I met, early in life, people like me who were taking dreams seriously. I joined the European Federalist Movement when I was seventeen and in a few years – after a shy childhood – I became a young woman able to speak in public and demonstrate for a united Europe. The movement counted several thousands of people in Italy and tens of thousands, or even hundreds of thousands across Europe.

One of the main lessons I learned was the definition of an activist (“militante”): “the man/woman who makes a personal issue of the distance between facts and values”.

I understood then that being a dreamer was not just inhabiting a beautiful world of ideas, but getting out there, seeing the problems, speaking out loud, claiming for a solution.  Possibly, offering one.

And I started sharing views and organizing campaigns with like-minded people from other countries and interacting in several ways (not always friendly) with political institutions.

I’ll never forget when, twenty-six, I had my speech in the European Parliament in a special session about the requests from civil society for the Amsterdam Treaty (one of the many reforms of the European treaties).

But life was also other stuff, as meeting expectations by parents and teachers: I studied much, started earning a living, got married, had children. My job became teaching and researching on the European and International law.

Utopia was still there, on the line of the horizon. Apparently, my journey to get there was on standby. From time to time, I even felt guilty as if I was betraying my purpose, but I was wrong. In fact- without even realizing –  I was just sharpening my saw.

And if I have a look back on my about twenty years of academic experience, I can tell you that utopia was the fil rouge connecting all I was writing or saying to my students. Even though – watching from outside – my life appeared more as a struggle to keep all together: job, family, children.

In 2009 I had a new turning point: with a group of colleagues I founded the think tank The Group of Lecce and, on the long wave of the global financial crisis, I started drafting communiques with them on how to improve the governance of financial institutions, in other words, how to fix the world, once again. The fact that since 2005 I had researched on the governance of the international financial institutions appeared to me as a sort of sign.

And I started attending the civil society policy forum convened twice a year by the International Monetary Fund and the World Bank on the occasion of their annual and spring meetings. I felt an activist again, in a different way.

What’s more important, I met many full-time activists from different backgrounds and paths of life: people who make a personal issue of the distance between facts and values; who act as watchdogs of international institutions; who speak on behalf of the poor; who bring suggestions and solutions to global problems; who choose to live a life of commitment instead of having better paid jobs (jobs for which they often would be more than qualified).

Once again, I measured the distance between committed people and institutions and I realized it wasn’t so big as many think.

And I saw how “normal” people may have a role in making the world a better place.

These were the two reasons for starting this blog (and for the book I am writing).

You know what? Immediately after I started posting about supranational democracy, like-minded people appeared to connect on Linkedin and Twitter… just as if the Universe were responding to some secret prayer.

We are not that few, you know???

The Basics of Democracy: 3. Inclusiveness

Posted on by Susanna Cafaro

It could be easy to think that a legitimate governance plus a number of accountability channels give, as a result, a real democratic system. And it is so, impossible to deny.

Unfortunately, it is so in a utopian world, where citizens are really equal. Equality is a precondition to making each vote count and each trial be fair, to give everybody the same opportunities to access democratic rights and to see guaranteed their civil rights. Alas, formal equality isn’t enough and substantial equality is far from being the reality, so we need inclusiveness.

Inclusiveness is the specific target to include citizens into the channels of participatory democracy or to help them access the accountability channels. Without a specific commitment to inclusiveness, the processes to make international organizations legitimate and accountable will remain the privilege of a white, English-speaking elite, with high academic qualifications, connected to the internet. Just have a look at most of the civil society active at the global level and you will see it.

It is OK. I don’t want to delegitimize the civil society active on the global stage or underestimate its precious (invaluable!) avant-garde role. But, after the avant-garde -better soon than late- I hope to see a more diverse, multicultural civil society, really representative of the world pluralism.

A substantial -and not merely formal- democracy requires specific tools for inclusiveness aimed at stimulating the widest possible participation.

Where to start from? Let’s start from formal equality where it is still needed: gender equality (and the right to education for boys and girls), equality before the law, equality no matter the sexual orientation, the ethnicity, the origins and the life conditions.

But then, let’s move to substantial equality: fundamental rights, civil rights, political rights, rights to access and participation. We’ll discover easily that on the side of substantial equality there is still much to do almost everywhere. Nothing seems more difficult than guaranteeing equality before international organizations where we see further obstacles. This implies: overcoming the gap known as the digital divide, both in cultural as well as in infrastructural terms; going beyond the obvious barriers that stem from cultural and linguistic diversity, reaching minorities and disadvantaged groups; overcoming national barriers which may be the result of some governments’ obstructionism. A cultural engagement, here, should go hand in hand with a conspicuous economic investment and with specific strategies.

This point would deserve to be listed among the sustainable development goals…

The Basics of Democracy: 2. Accountability (or The Other Side of the Coin)

Posted on by Susanna Cafaro

According to the Oxford English Dictionary, democracy is

“A system of government by the whole population or all the eligible members of a state, typically through elected representatives”

while the Collins Dictionary gives as first definition

“government by the people or their elected representatives”.

According to dictionaries, legitimacy is the one and only ingredient for a democracy recipe

but…

countless elected governments over the history changed their nature and became autocracies.

Hitler and Mussolini won regular elections and so many actual dictators even nowadays. Who watched the events in Egypt a few years ago, or more recently in Turkey, understands the problem.

That’s why a modern democracy cannot just be legitimate because even a fully legitimate government could take arbitrary decisions, betraying the popular mandate.

The necessary completion of legitimacy is accountability.

Political bodies are held accountable for their choices when they assume full responsibility. Of course, this means also accepting the consequences for the wrong choices, furthermore for the illegal ones.

There is a wide range of accountability tools:

a parliament able to dismiss the government that it doesn’t trust anymore; an impeachment procedure for serious misconduct of ministers or heads of state; a court able to stop or repeal laws contrary to the fundamental social contract (the Constitution, the bills of rights); some constitutional body  able to dissolve the parliament; the right of the electorate to chose new parliament members when disappointed by the previous ones… and the list could go on and on…

Citizens have the right to know how the public money is used, to which extent the objectives have been achieved and what expectations have been met; they have the right to appeal to a judiciary authority if their rights are violated and if those responsible for public interests are taking illicit advantages from their positions.

We are sometimes so accostumed to this other side of democracy that sometimes we end up forgetting how it is essential…. arriving to commit the mistake of thinking that “exporting democracy” (if ever democracy is exportable) just means organizing free elections. A nice democratic exercise but – without accountability – almost useless.

Now, you’ll ask, does accountability exist at supranational level?

Well, there is something, here and there. Often accountability is just hanging on the thin thread of responsibility of national representatives in front of their governments or their parliaments (if democratic!). But here is the good news: it’s slowly growing.

The XX century didn’t see much of that, but now a number of international organisations are establishing mechanisms for individual or collective claims (like the World Bank Inspection Panel); ombudsmen (as UN Ombudsman’ Office created in 2002), independent audit offices.

And we have to give merit to civil society which has struggled for that.

Of course, there is still much to improve. In a real supranational democracy, both political and legal accountability have to be equally developed.

Once more, the European Union arrived first -with its Court of Justice and its institutional system of checks and balances-, even if there is still more than something to improve in the field of economic governance.

In South America, several supranational courts followed the same path. Regional organizations have an advantage over the global ones: a common background of shared values helps.

But what’s more interesting about accountability is that is not so relevant if member states are democratic or not as accountability channels – when established – are open to all the citizens and NGOs, no matter where they are, while legitimacy channels often cut off a good number of them.

This seems to me a good reason to work on the other side of democracy.

PS

If you want to learn more about accountability of international organizations, you can download here the Berlin Report by the International Law Association

The Basics of Democracy: 1. Legitimacy

Posted on by Susanna Cafaro

We associate legitimacy with free elections.

National legal orders are perceived as legitimate if they are the result of a democratic constituent process and if parliaments (and governments) are periodically renewed through free elections.

In international organizations, it isn’t so simple.

International law knows just one way to recognize as legitimate an IO: the respect of the rule of law.

It is that simple:

1. An organization is legitimate if it has been established by a valid and ratified international treaty and respects international law.

2. It works legitimately if it respects its establishing treaty and the rules and procedures adopted according to it.

This is not surprising, as most of the International organizations were created after WWII when the world was much less interconnected and the state was considered the only legal framework for democracy.

Luckily, something is (very slowly) changing.

Problems:

I. What if rules and procedures just cover a mere balance of powers, ignoring the rights of individuals or even of the weaker states?

II. How can legitimacy work in a society of states, which is not a society of equals? How a governance system may fairly represent all them?

III: Is it possible to imagine a legitimacy stemming not from states but from individuals and, if so, how?

Of course, we could imagine more and more problems to solve, but these are enough to start with… so, let’s try to offer some contribution to the solution.

I.

Beside this legitimacy descending from the respect of the rule of law there is (or should be!) another, more substantial point: an organization is perceived as legitimate if it pursues the objectives assigned to it and reflects the common values shared by its members. And perception is important when the effectiveness of the decisions adopted rests on national systems of enforcement.

II.

An organization is considered legitimate if its decisional bodies are perceived as representative of its members. As states are all but equals,  it is accepted in most international organizations the principle that Member States are represented differently as they reflect different realities (in size, wealth, power)

The decision-making bodies nonetheless enjoy a greater or lesser degree of representation depending on the way they reflect directly or indirectly the membership. When their representation is mediated by weighted voting, it is quite possible that some states do not feel adequately reflected in the number of votes they express.

Are the current parameters the correct ones to reflect their differences? Could we imagine different criteria to make some countries more prominent than others (and not just the winners or WWII or those having bigger GDP?). No matter there are better ways to reflect their contributions to the world, as the HDI index or even more creative, as the Good Country one.

III.

Of course, it would be all different if representativeness was referred to individuals, instead of states.

In this case, it would be necessary to pay specific attention to the main form of legitimacy: free elections and – as a consequence – an elected parliament. This is what already happens in the EU and this is what many scholars and activist think should happen in the United Nations. Today, 24 parliamentary assemblies are institutionally part of international organization, the oldest one being the Parliamentary Assembly of the Council of Europe, established in 1946

The equal representation of the states and the equal representation of their citizens, therefore, are potentially in conflict: proportional representation applied to whole humanity would make a couple of countries rule the world (if they just voted all the same, something whitch I doubt, but still…). So, some kind of degressive proportionality has to be imagined, weighting more the citizens of small countries and less those of the bigger ones. You may think all this is nothing but a speculative exercise, but I assure you that this may be something very realistic if only it is given a chance (and for sure it is worth the effort of distinguished colleagues).

Without going so far, some international organizations are equipped with parliaments which are not directly elected, but represent nonetheless their citizens through national parliaments’ members. It is a first step. Even in the EU the story started so: the Assembly of the European Economic Community asked from the very beginning – and obtained step by step – to become a real parliament.

Interesting examples of such parliamentary bodies are the Parliamentary Assembly of the Council of Europe,  the Pan-African Parliament of the African Union, the OSCE Parliamentary Assembly, while the Parlamento del Mercosur is rapidly evolving into a directly elected chamber. Unfortunately, these important institutional actors mostly play a consultative role.

But parliaments are not the only possible tools for democratic legitimacy.

Alternative solutions do exist, grounded on creativity and political will.

Have a look at what happens in the Global Fund to Fight AIDS, Tubercolosis and Malaria, in the Kimberley Process, in the Internet Governance Forum, in the Global environmental facility. All of them involve in original ways states, individuals and other stakeholders. And they are all different!

There is much room for legal creativity in the globalized world and it is time to take advantage of it.

Being a Global Citizen (or The “Demos” Problem)

Posted on by Susanna Cafaro

The two components of the word democracy are “demos” and “kratia”, in ancient greek: people and power/authority.

The authority existing -in greater or lesser degree- in international organisations is nowadays indisputable, but to have it exercised in the interest of the people, or legitimized by the people we need…. the people!

And therein lies the problem.

Many excellent scholars tried to build theories to frame global democracy: transnational democracy, cosmopolitan democracy, post-modern democracy. An important contribution was offered by legal theories such as global constitutionalism and global administrative law but….still nobody recognizes as certain the existence of a global population, a “demos” giving to these theories a necessary factual substrate.

There are several good reasons to explain why the very existence of a global demos is still controversial: the dubious legal capacity of individuals in international law; the distances; the deep cultural and linguistic gaps. A people is made so by a number of common features: cultural, linguistic, religious; it is the product of a common history and of shared values and traditions; it shares a sense of belonging. This is what we study at school and, later on, at university.

But is it still so?

I think I am a global citizen. If you are reading this post, chances are that you are too.

The social fabric is rapidly evolving, what has held true ten years ago -or even one year ago- no longer corresponds to reality.

Two indicators are essential to tell you if you are part of the emerging global demos:

1) you feel a citizen of the world, a human being inside humanity. Internet and social networks allow you to connect to people living in different countries, cultures, mindsets. The low cost travelling companies, the decrease in communication costs and the sharing economy had an impact on your life, encouraging your mobility and your opennes to new experiences and people.

2) you know that what happens in other areas of the world affects your reality, be it for good or for bad. You care about global problems and global public goods, you sign global petitions and get involved in global discussions, you visit websites as Avaaz or change.org, maybe you even join some NGO operating globally.

We are still a minority right now. Too many obstacles prevent most of the citizens to be global citizens: poverty, digital and cultural divide, ideology. But the number is growing. Daily.

For this reason, those who mantain that a global demos is still missing are right, but stating the contrary is not entirely wrong. There is a global demos in the making. And we are part of it.

Somebody saw this coming, some time ago 🙂

Starting With Why

Posted on by Susanna Cafaro

The global challenges and concerns we face today are well known: the peaceful coexistence of states and the non-proliferation of weapons of mass destruction, the deterioration of the environment and the need for sustainable development, the threats to financial stability, the tragic inequalities across the planet in wealth and democracy.

We need to do something. And, first of all, we need to reflect on what to do.

To face such challenges and to guarantee global public goods, the international community has created after world war II a number of international organizations responsible for the pursuit of specific goals, which have been given more or less adequate competences and tools.

Are these organizations democratic? Are they efficient? If the answer is no (or not enough) how could they be improved?

Could we – 75 years later – imagine something new? Is there a  better way to organize coexistence inside the human family, not just aimed at avoiding conflicts but at thriving as species, in harmony with the Earth and with all the other living beings?

The awareness on these topics is growing. It is time to become creative, to network and exchange ideas, to recreate and co-create a new way of living together on this planet (maybe to dis-create something as well…).

Democracy is the result of a social pact: we are all involved.

Democracy nowadays cannot just be national as problems and challenges are getting more and more global.

To try to respond to the challenge, I decided to focus on what are (at least for me!) the three key ingredients of a modern democracy: legitimacy, accountability, inclusiveness. I built on them a paradigm for democracy in international organisations which I called democratic experimentation.

As individuals are an essential ingredient of democracy, I think that democratic international organization should be supranational, or move towards more advanced forms of supranationality. But how individuals can interact on a global stage, legitimize global fora, hold them accountable?

They may interact as civil society or just as informed public opinion. Internet plays a major role in allowing them to become global citizens, if (and where) internet access is guaranteed.

So many topics to discuss about, so important to deepen the analysis and offer solutions. The debate is open and you’re all welcome!

Susanna