: Principles of Good Governance and Human Rights
I – Recommendations
Due to financial problems of , only one of the two special and important projects may be budgeted for the 2009 fiscal year which are the: new prison facility, with a high security wing, and new hospital, with state of the art maternity ward.
In order to come-up with the decision, it is important to consider the different principles of the good governance as well as the human rights. Furthermore, it will also important to focus on the international obligations of the Sierra Leone. In taking all of the said consideration, the construction of the new building for a new hospital, with a state of the art maternity ward should be prioritized for 2009.
II – Analysis
In order to determine which one of the two important projects should be prioritized, as well as to come up with clear decision, it will be important to define the different principles of the good governance as well as its requirements.
A. Good Governance
Good governance has 8 important characteristics, it is: participatory, consensus oriented, accountable, transparent, responsive, effective, efficient, equitable, inclusive and it follows the rule of the law. Furthermore, it assures that corruption is minimized, the views of the minorities are taken into account and the voice of the most vulnerable in the society is heard in the process of the decision-making ( 2008).
There are different factors that must be considered in order to call governance a good one. One of this is that, it is important to point out the representative democracy, by informing and considering the participation. In addition, it is also important to consider the transparency, by making sure that the decisions taken as well as their enforcement are being done in a manner that follows rules and regulations, and the information is freely available and directly accessible to those who will be affected by the decisions as well as reinforcement 2008).
In other words, it is important to promote good governance, like fostering public section transparency and accountability in the process by which the decision has been implemented.
A proactive approach in supporting policies as well as the development of the institutions as well as the administrative systems that help to eliminate the opportunity for irregularity activities as well as fraudulent activities in the management of the public resource has to be implemented. Furthermore, it is also important to point out that an enhanced and improved partnership and association with other national institutions, particularly, the of , in order to make sure that the building and other aspects of the hospital and state-of-the-art facilities will be used to the fullest. Furthermore, it will help to promote the better use of the complementary areas of expertise.
Above all, it is vital and significant to ensure the sustainable human development that actions must be taken to the work towards the respect of the principles of good governance, in order to make it reality.
B. Reliability, Predictability and the Rule of Law
The rule of law pertains on the fair legal framework that implemented and imposed impartially. Furthermore, it focuses on the full protection of the human rights, the minorities, in particular ( 2008).
On the other hand, reliability and predictability does not mean that more specific the regulations are better; this is due to the fact that excessive specifications can lead to rigidities and risk of selective application of regulations. Furthermore, interpretation and effective implementation of individual requires a degree of discretion. The said discretion can be counterbalanced by administrative procedure legislation and external reviews of decision such as appeal process, judicial review, ombudsmen etc.
With respect to accountability, it can be both an end in itself, representing democratic values, and a means towards the development of more efficient as well as effective organization. But, accountability can be improve and strengthened by formal reporting requirements as well as the process of extending the scrutiny like independent Audit Office, Ombudsman etc. In essence, accountability and the rule of law require openness as well as good information to the higher levels of the administration, external reviewers as well as the general public can verify performance as well as compliance to law.
III – Good Governance and Human Rights
Good governance and human rights develop together (2008). The understanding of good governance as opposed to the mal governance, not only recognizes the principal actors that are involved in the process of governance, they also address themselves to the substance of governance. In other words, governance does not simple equated with the civil service reform or with the application of management strategies devised in the private sector to the public organization. As a replacement, it should be a greater emphasis on the participation, decentralization, accountability as well as the governmental responsiveness, together with the governmental responsiveness and the broader concern, like the social justice and be linked to the human rights.
In order to obtain a maintainable development as well as to respect and promote human rights. In addition, it is important to provide social development. Furthermore, elimination of child death, promotion of women health as well as giving the opportunity to the population and people to have an access to health care, is all vital and important in reaching and achieving the different requirements for the process maintaining development inside Sierra Leone.
Without getting into in dept analysis of data that is not within the scope of this legal opinion it is important to consider the 9,000 number of children that dies every day, furthermore, according to , one of every 10 children dies before the age of five in That is the reason why, with respect to the maternal mortality, there are different aspects or factors that causes the said number of statistics such as the complication of pregnancy as well as childbirth.
Based on the given statistics and reality, it is important to focus on the in the process of improving the maternal health, that can help to reduce it by three quarters, between year 1990 to 2015, as well as improving child health and reducing death, at least before the age of five.
The good governance policies that are followed by as well as its obligations in terms of human rights are the most important factors or aspects that will pushed to push for the construction of the building for hospital with state-of-the-art maternity ward. Furthermore, the said decision is not just advisable, but also legally sound and considered as following the requirements and characteristics of good governance.
IV – Conclusion
During the process of adopting and applying the approach of community-based development, it is important to focus the development on the side of the people. In case of Sierra Leone, it will be important to choose the said project, rather than the new prison facility, with the high security wing. By applying the said decision, it will not only help to encourage and support the health of the people, but also help the promotion of the prosperity of the country, by having more healthy people, by the process of assisting the process of eliminating the child death by the use of the state-of-the-art maternity ward.
Furthermore, the said decision will also focus in the different characteristics of human rights and good governance. The real meaning of human rights focuses on the needs of good environment that will encourage respect as well as dignity. The said objective can be achieve by good governance, primarily, the application of the 8 important characteristics of good governance in the process of decision-making in policies, as well as actions that will not only empower, but also assist the people of Sierra Leonean in living with dignity.
If we are going to look at the situation in the legal perspective, human rights as well as good governance are considered as inseparable and important aspect in decision-making process of any government and organization. On the other hand, it is important to consider that good governance cannot just be achieved and respected, if it is separated with the human rights. Furthermore, human rights cannot also be respected as well as protected and encouraged in maintainable manner without the presence of the good governance. This means that human rights cannot be respected if the public administrative process of the decision-making does not consider and think about the needs and demands of the entire population and the stakeholders, primarily the people of Sierra Leone.
That is the reason why, based on the analysis above, together with the definition and analysis of good governance as well as human rights, and its connection with its obligation in international society, the construction and establishments of the new building for hospital must be prioritized for 2009 budget.
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