The state
Three important issues are addressed in this discussion about the state and theories of change:
- the role of the state with regard to change
- optimal relations between various actors â other states, IGOs, NGOs, etc. â and a given state to facilitate desirable change
- links between roles and relationships, and how relationships can modify rolesâ for example, should NGOs deliver services only when also building the capacity of the state to assume its responsibilities?
In development discourse, official debates about the role of the state have historically been highly political, with those in the capitalist camp advocating a small, non-interventionist state while others in the social democratic or socialist camp advocate a larger, more interventionist state. Different political persuasions have informed and contested particular development eras. In the 1980s and early 1990s, for example, the âWashington consensusâ dominated government thinking in the North, and from this perspective the role of the neoliberal state was essentially to keep out of the way and allow the market to be the engine of growth and change. The neoliberal state privatised and outsourced many basic services such as health care and water, with communities and civil society expected to become self-reliant and/or pay for their own basic needs. After the rise of the East Asian economies, built on strong interventionist states, much official development thinking adopted the discourse of good governance during the 1990s. Good governance agendas advocated better government and not just less government, addressed the institutional context of development, and in some cases championed broader measures of change, for example human development rather than growth. Within good governance discourse, the role of the state was defined in narrow managerial terms, to stimulate the market and growth, but also in broader terms, addressing issues such as human rights, judicial reform and corruption (Weiss 2000; van Reisen and Mekonnen, chapter 7 in this volume). More recently, the âdevelopmental stateâ (Woo-Cumings 1999) and the ongoing global economic crisis (Saiz 2009) have provided new rationales for revisiting these debates about the role of the state in development.3
Perhaps the main tension between development and human rights theories of change is whether there a developmentâhuman rights trade off, especially at the early stages of development. To frame the tension more provocatively, is it necessary to exercise certain authoritarian tendencies and suppress certain human rights to address early stage development challenges such as the need for long-term planning rather than the short-termism that can characterise democracies? The rise of East Asian economies is one point of reference for this dilemma. Recent work on development patrimonialism, which advocates a kind of centralised and disciplined neo-patrimonialism, lauds the development record of strong, interventionist regimes with poor human rights records, such as those in Ethiopia and Rwanda (Kelsall 2011). Leftwich (2000) has addressed the related question of whether dominant party democracies are better for development than coalition democracies or democracies where political parties alternate in power. From a human rights perspective the ends do not justify any means, and an indivisibility argument has been made that civil and political rights facilitate true development (Sen 1999). However, some development thinking advocates a more sequentialist approach, in which civil and political rights are internally advocated for and realised at a particular point in the development process, usually once a substantial middle class is formed.
The most relevant human rights articulation of the ideal role of the state is the respect (non-interference)âprotect (oversight)âfulfil (delivery) continuum outlining government obligations regarding human rights. The duty to fulfil is broken down into an obligation to facilitate (provide an enabling environment), an obligation to promote, and an obligation to be the provider, in certain limited circumstances. These categories broadly map onto the development continuum outlined above: the neoliberal state, the good governance state, and the developmental state. Recent scholarship, jurisprudence and decisions by adjudicatory bodies have fleshed out the meanings of these human rights categories. Langford (2008: 16), for example, outlines four kinds of state âinterferenceâ: interference with self-organisation (community schools, trade unions); arbitrary or discriminatory denial of access to existing government programmes; removal of legislative protections required to protect rights; and removal of government programmes that enable individuals or groups to realise rights.
Proponents of the idea that states have positive, as well as negative, duties for all rights argue that the duty of the state extends to âa positive duty to secure the possibility of rights being exercisedâ (Fredman 2008: 3) â âfreedoms toâ are as important as the classic liberal âfreedoms fromâ â and that such obligations build a bridge between human rights as ideal and an ability to actually exercise rights.
Attempts to define the human rights obligations of the state are linked to theories of change in two important ways. First, with regard to the role of the state, human rights is clearer than development discourse that a state holds the obligations to respect, protect and fulfil simultaneously, and as such it acknowledges that the state is neither homogeneous nor one-dimensional with regard to its functions.4 Second, the human rights obligations discourse, unlike development, lacks coherent theories of the state or the economy â it also remains silent on the politics of the state or economy.5 General Comment 3 on Article 2 paragraph 1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) (Committee on Economic, Social and Cultural Rights, 1990), addressing the nature of statesâ obligations, argues that it âneither requires nor precludes any particular form of government or economic system ⌠provided only that it is democratic and that all human rights are thereby respectedâ. It argues that the Covenant is âneutralâ in terms of political and economic systems. Thus human rights runs the danger of simply working within the system as it is rather than providing alternatives (De Feyter and Lumbika, chapter 11 in this volume). For example, a recent assessment of rights-based work in Ghana argues that three decades of neoliberal policies and privatisation has created a limited and hollowed-out state that is unresponsive and unaccountable to citizens (Ako et al. 2013: 69). Efforts to position the state as the primary duty-bearer for human rights struggle in the face of this historical and political reality. The authors argue:
If rights-based approaches are to be progressive, then a vigorous opposition to prevailing neoliberal ideology is required. Such opposition will need to reconceptualise the role of the state, inclusive of its ability to take the necessary interventionist and redistributive measures to secure rights for its citizens.
We are currently in an era in which it is clear that all-or-nothing prescriptions for the role of the state in development are redundant. Optimal progressive change requires a complex and contextualised state, with the capacity to know when to do nothing, when to regulate and when to provide.
A second set of debates concern relationships between various other actors and a given state. Novel arrangements and alliances including states characterise some established organisations (see Stokke on the tripartism of the International Labour Organisation, chapter 10 in this volume) and many recent global campaigns (blood diamonds, landmines, etc.; Gready 2004). That said, one tension dominates in the domain of relationships. Human rights organisations often have an adversarial relationship with governments, viewing the state as occupying the ambiguous position of being both the main potential protector of human rights and their primary violator. Development actors, in part because they are much more dependent on governments as donors, and in part because of the less politically contentious nature of their work, more usually work in partnership with governments (see Vandenhole on the disconnect between UN development and human rights actors on these grounds, chapter 6 in this volume). The classic human rights NGO approach is the adversarial methodology of naming and shaming. Based on an ability to investigate and expose, it seeks to identify a violation, violator and remedy (Roth 2004). The methodology assumes that states can be embarrassed by public pressure, and that they care enough about their public image and about âbelongingâ to a particular camp, such as the community of rights-respecting democratic states, to modify their behaviour. The approach works best with states that already partially belong â that have one foot inside the camp; it works least well with states that are completely outside the camp, have powerful allies, or are themselves powerful enough to set up their own camp with different criteria for belonging. Naming and shaming is usually event- and actor-focused rather than addressing systems and struc...