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ADVANCED WORKSHOP ON ASEAN STUDIES TEACHING FOR LECTURERS

24-27 Apr 2012, Kuala Lumpur, Malaysia

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Political Development : Democracy, Governance, and Rule of Law

Topic : Political Development : Democracy, Governance and Rule of Law Learning Objectives
1. Identifying various aspects of political development. 2. Explaining necessity of political development in developing countries. 3. Identifying components of political development. 4. Exploring arguments about democracy and democratization. 5. Understanding significance of democracy and the democratic index. 6. Learning the nature and the application of governance. 7. Discussing the concept and operation of the rule of law.

Learning Outcomes 1. Ability to discuss the idea and relevance of political development 2. Understanding the controversy of democracy 3. Appreciation of democratization 4. Understanding functioning of governance and democracy 5. Appreciating the role of the rule of law and democracy

Key information/content Development-Modernization. Development and modernization are often discussed together although they are not the same. 1. Modernization : a pattern of evolutionary change from traditional through transitional to modern society, typified by Western or European examples. Modernization is mostly seen in terms of economic development phenomenon.

Modernization is considered as a process of industrialization, urbanization, spread of education, secularism, mass media and rationalization. It is also correlated with democracy. Modernization proponents seem to emphasize economic development or growth, thus wealth. Asian examples are Singapore, South Korea, Taiwan and Hong Kong or the Newly Industrialized Countries NICs.

It is also argued that there exists a possibility that country with high income will be democratic.
Modernization is much criticized for its being Westernization; thus Eurocentric or ethnocentric. Modernization is popularly tied up with the notion that modern states are wealthier, more powerful and the people are freer and with high standard of living. Modernization is a particular case of development.

Political modernization
the systemic sustained and powerful application of human energies to the rational control of mans physical and social environment for various human purposes (Clalude E. Welch, Jr.)
processes of differentiation of political structure and secularization of political culture which enhance the capacitythe effectiveness and efficiency of performance of a societys political system (sociologyguide.com)

Major characteristics of political modernization (1) Differentiation : process of progressive separation and specialization of roles, institutions and associations in the development of political system; (2) Notion of equality like universal adult citizenship, prevalence of universalistic legal norms in the governments relations with citizenry; (3) Capacity: increasing adaptive and creative potentialities possessed by man for the manipulation of his environment. (sociologyguide.com)

2. Development
Development : To bring out capabilities or possibilities of ; or bring to a more advanced or effective state.

Development : Multidimensional process involving reorganization and reorientation of entire economic and social system.

: A process of improving the quality of all human lives with three equally important aspects: (1) raising peoples living, (2) creating conditions conducive to growth of people through establishment of social, political and economic systems and institutions which promote human dignity and respect, and (3) increasing peoples freedom to choose by enlarging the range of their chance variables (Formulated on Michael P. Todaros idea in Google accessed 2/20/2012) : A process by which secular norms of conduct are universalized (Apter 1965)

3. Political development
- the idea of political progress from a less desirable state of being towards one that is more desirable, land the conditions that allow it. (Kingbury, 2007 : 4) - The process of adjustment of a political system, at any historical stage of the overall development, to the functions required by this system as they arise from the economic, cultural, social, and political structural conditions (Jaguaribe 1968 : 53) - Development of institutions, attitudes, and values that form the political power system of a society (Oxford Dictionary of Politics, ) - Thus political development involves the process towards betterment of political system evolving through stages conditioned by attitude, values as well as institution.

4. Mode of explanation - Normally, discussion of political development is by means of describing and analyzing nature of political system of nation-state after formation and/or after independence towards achieving the desired goals exemplified by Western standard - Patterned after experiences of Western system, political development has been discussed in terms of mobilization, institutionalization, communication, bureaucracy, education, and political culture that emphasizes role of political party and interest group. Rule of law and/or governance, civil society and human rights are also introduced and discussed.

- Most significant of all in the tacit approval of the equation of political development with democracy and democratization. Failure that occurs in the process of development is typified as breakdown or reversal which implicitly insists on continuation of the process which is seconded by the idea that the development is not linear of which terms of decay or decline are applied.

5. Aspects of political development (Pye, 1966)

Lucian W. Pye comprehensively covers ten variations of interpretation of the political development, known also as development syndrome. 1. Political development as the politics of development. 2. Political development as the politics typical of industrial societies 3. Political development as political modernization. 4. Political development as the operation of a nation-state.

5. Political development as administrative and legal development. 6. Political development as mass mobilization and participation. 7. Political development as the building of democracy. 8. Political development as stability and orderly change. 9. Political development an mobilization and power. 10. Political development as one aspect of multidimensional aspect of multi-dimensional process of social change.

6. Emergence of concept / theory of development (Wiardar 2004 : 160-2), - Economists are the first group to contribute to development pattecned after the case of the US or already developed nations. This leads to the notion that economic development comes first to be followed by political development or democratization. This boosted by the influx of economic assistance to the newly independent countries as main source of finance to national economic development. - Counter argument to this is the idea of political change which means development of honest, efficient, representative government institutions ensuring that economic development can occur rationally, efficiently shared by population rather than being seized by those in power.

- Yet in developing countries such as those of Marcoss Philippines Suhartos Indonesia, Sarit Thamoms Thailand, the regimes emphasized political stability and security as base upon which economic development can flourished. The consequence is nation-wide corruption and government inefficiency. - Dependency theory also offered rationalization of the underdevelopment cauesed by developed nations; corporatism explained the top-down, statist and authoritarian rule that causes lop-sided development. Marxist idea is also offered as . alternative.

- East Asia offers phenomenon of the newly industrialized countries (NICs) of South Korea, Singapore, Taiwan and Hong Kong, the so called Tiger whereby state intervenes on behalf of capitalists / industrialists to economically develop the countries with prediction of little tiger running up in the case of Malaysia, Indonesia, Thailand,

7. Political development in developing countries

- Developing countries are variably described as the Third World, less developed, undeveloped, underdeveloped, poor countries, emerging nations, non-aligned countries, etc. - Nature of political system in developing countries are described as being, statist, despotic, authoritarian, totalitarian, militaristic, bureaucratic, corporatist, etc., all of which are undemocratic. - Theories/concepts are applied in order to understand why they are so. But they have never been proved satisfactory and mostly remains partial.

- Historical approach of political development in terms of democratization through Huntingtons Third Wave conceptualization have been much discussed till now. - Discussion of political development in each country such as those in Southeast Asia or ASEAN can gain dept and insight knowledge with tendency to make it a pecaliar case. Comparative study illustrates shared main characteristics and trends but fails to offer deeper understanding.

8. Democracy
- government by the people, of the people and for the people (Lincolon) - A system for arriving at political decisions in which individuals acquire the power to decide by means of a competitive struggle for the people vote (Schunpeter 1947) - With plethora of definition of democracy, suggestion is made to as to how to understand it. By its nature, democracy is the rule by the people (Aristotle). Basic tenet is that people govern themselves modified by regular elections for highest leaders (representative democracy) or for chosen policies (direct democracy). Inherent with this comes the idea of the right to vote by all adults, plus democratic rights which are the right to vote itself, ones vote to be counted equally, right to run for high office, and right to organize political groups or parties.

- Empirical ground of democracy asserts the existence free newspaper and media; open competition for political office; popularly and regularly elected legislature and head of government; secret ballot but public debate and voting; religious freedom; the right to hold and express unpopular ideas; and the rule of law with fundamental documents like constitution (Rummel, 1996)

9. Approach to democracy -With widespread and complicated debates on democracy, it is suggested that it will be better to mark pheriphery of democracy by verifying what is democracy and what is not democracy (Schmitter and Lyukarl, 1991). Various types of democracy is illustrated by qualifiers attached to it (Collier and Levitsky, 1997 : 430-451) such as developmental democracy, constitutional democracy, delegative democracy, basic democracy, consociational democracy, guided democracy. It is even suggested the exists 550 subtypes of democracy (Kapoor, 2002 : 459-487).

- Generally democracy is narrowly understood as that of procedural nature of which electoral democracy is most welknown (Diamond, 1997 : 1) of which Suchumpeter (1947: 269) proposed what is known as minimalist criteria for democracy that incorporates : (1) free and open election, (2) competition among candidates, (3) true competition, (4) protection of civil liberty, and (5) least obstacle to competition. On the other hand, democracy is seen on its substantive nature such as the liberal democracy with emphasis on civil rights, human rights, rule of law, etc. (Diamond, 1997 : 23-24).

10. Democratization : - Introduction of democracy in a non-democratic regime, - Deepening of the democratic qualities of given democracies, - Democratization involves the question of survival of democracy - Thus it may be issue of sustainable democratization which is emergence of democracy that develop and endure (Christian Welzel, Theories of Democratization, 2009 : 174 or wuow.oxfordtextbooks.co.uk/orc/hoerpfer/>) or wuow.worldvaluessuevey.org/wvs/artides/folder.579/oup_c h06.pdf. - Democratization is practically used interchangeably with democracy

11. Measurement of democracy.

- There are attempts to find out to what extent a state/country is democratic. The yardstick set has to go through agreed-upon definition of democracy and the proplem of the operational definition. Despite some difficulty, Freedom House regularly produces their measurement of democracy of many states all over the world-Notably the measurement of political institutions and procedures at the national level. Indicators adopted are : (1) proportion of people gone to vote, (2) just and open election, (3) election producing head of government and legislative body, (4) votes gained by main political parties, (5) proportion of people who cast the vote, (6) legislative power over the executive, (7) mass media freedom, (8) individual and political group liberty, and (9) no state intervention by means of coercion. (Moore, 1995 : 4-3). However, indicators can be modified in response to changing situation.

- Indonesia adopted its own indicator of democracy in 2011, known as Indonesia Democracy Index. - Diamond (1995), offers the maximalist definition of democracy as comprising, on top the minimalist category, organizational and informational pluralism, extensive civil liberty (freedom of expression, freedom of the press, freedom to form and join organizations) effective power for elected officials, and functional autonomy for legislative, executive and judicial organs of government.

- Diamond (2010 : 21-52) in his study of democracy development in Indonesia during 1998 to 2008 which took place during the period of democratic recession world-wide, Indonesia was found progressing well on five main criteria : (1) political rights and civil liberties, (2) voice and accountability, (3) state quality of average government effectiveness and regulatory quality, (4) rule of law, and (5) control of corruption. Interestingly, two former champions : Thailand and the Philippines lagged behind.

- Huntingtions (1991) three waves of democratization and reversals - First wave : 1828-1926 of more than 30 countries, with reversal during 1922-1942 - Second Wave : 1943-1962 with reversal during 19581975 mostly through military coups - Third wave : 1974-1990 period of transition to democracy of more than 30 countries, with reversal started in 1999. - Chai-Anand (2011) of Thailand strongly argues that in order for Thailand to consolidate political and societal development, three dimensions of Thai state has to be recognized and put to practice. They are (1) development, (2) participation, and (3) security

12. Governance - In general, governance is the means by which an activity or ensemble of activities is controlled or directed, such that it delivers an acceptable range of outcomes according to established standard (Hirst, 200) - The idea of governance gains wider application by the end of the twentieth century. The application emphasizes relationships and institutions involved in the process of managing public and private affairs. With the end of the cold war, the countries of the former Union of Soviet Socialist Republics and countries in the developing world apply political, economic and administrative reforms and to practice good governance. Donor agencies start to adopt governance as an inherent condition to recipient countries.

- The term governance is thought of as the organizing concept guiding administrators and administrative practices shift from bureaucratic emphasis to more lateral and inter-institutional relations. Highlight is given to performance than the discharging of policy (UNESCO, 2006 : 2) - Donor agencies have their own definition of governance in order to ensure that aids given will be effectively utilized.

13. UNDP (1997) : (governance) is the exercise of economic, political and administrative authority to manage a nations affairs. It is the complex mechanisms, processes and institutions through which citizens and groups articulate their interests, exercise their legal rights and obligations, and mediate their differences.

- World Bank (1993) defines governance as the method through which power is exercised in the management of a countrys political, economic and social resources for development. The World Bank adjusted its approach to emphasize issues such as transparency, account ability and judicial reform. It has been propagating the good governance. - Asian Development Bank (2012) : Governance is the manner in which power is exercised in the management of a countrys social and economic resources for development. Governance means the way those with power use that power.

- Governance can be discerned as (1) society-centric : sustaining coordination and coherence among a wide variety of actors with different purposes and objectives Actors are political actors and institutions, interest groups, civil society, non-governmental and transnational organizations; and (2) state-centrict in which case, governance is seen as processes in which state plays a leading role, making priorities and defining objectives (UNESCO 2006 - Governance is widely used in private sector as well in which case the concept of corporate governance is applied. Corporate governance consists of set of processes, customs, policies, laws and institutions affecting the way people direct, administer or control a corporations. This involves all stakeholders.

14. Good governance

- Hirst defines it as means creating an effective political framework conducive to private economic action: stable regimes, rule of law efficient state administration adapted to the roles that governments can actually perform and a strong civil society independent of the state. (Hirst, 2000) - World Bank lists, as components of good governance, sound public sector management (efficiency, effectiveness and economy), accountability, exchange and free flow of information (transparency), and a legal framework for development (justice, respect for human rights and liberties). - Thus good governance includes: account ability, transparency, efficience/effectiveness, justice, plus responsiveness, legitimacy consensus, and rule of law.

15. Measurement of good governance

- On macro level, World Bank/World Bank Institute develop Worldwide Governance Indicators project covering more than 200 countries of six dimensions: voice and accountability, political stability and lack of violence, government effectiveness, regulatory quality, rule of law, and control of corruptions. - On micro level, the World Bank Institute develops World Bank Governance Survey - World Governance Index (WGI) has been developed focusing on peace and security, rule of law, human rights and participation, sustainable development, and human development.

16. Certain countries may have their own set of criteria of good governance. In case of Thailand, the effects of 1997 economic crisis led to adoption of rules imposed particularly by the IMF and other international financial agencies. The Thai government complied with the prescription. Thailand coined few technical terms equivalent to the good governance. The most used one has been Dharmabhipala. The King Prajadhipok Institute came up with 10 points of good governance as well as Key performance indicators by which public sectors could made use of. The 10 points are : (1) rule of law, (2) ethics, (3) transparency, (4) participation, (5) accountability, (6) optimization, (7) human resource development, (8) organization knowledge, (9) management, and (10) information technology and communication. (Thaviwadi and Wachai, 2006)

Rule of Law
1. - Rule of law implies that governments decisions are made by applying known legal principles (Black Law Dictionary, 1979) - However, the rule of law can be interpreted as being rule according to law which requires the government to exercise its power in accordance with well-established and clearly written rules, regulations, and legal principles under the rule of law, no one may be prosecuted for an act that is not punishable by law.

- The rule of law can also be interpreted as rule under law which means that the government must exercise its authority under the law. These is a popularly known by the phrase no one is above the law which signifies that no branch of government is above the law, and no public official may act arbitrarily or unilaterally outside the law. - The rule of law could also be interpreted as rule according to the higher law which means no written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality and justice that transcend human legul system (http://legal-dictionary.thefreedictionary.com/Rule+of+Law+the accessed March 10, 2010). - There is also the idea of rule by law which is the case of law as a mere tool for a government.

2. - Approach to the rule of Law : three approaches exist. - Formal or thin approach. This is more widespread the core idea of which is that the law must be prospective, well-known, and have the characteristics of generality, equality, and certainty. It does not make judgment about the justness of the law itself.

- Substantive or thick approach holds that the rule of law intrinsically protects some or all individual rights

- Functional approach refers a society in which government officers have a great deal of discretion has a low degree of rule of law, whereas a society in which government officers have little discretion has a high degree f rule of law. (http://en.wikipedia.org/wiki/Rule-of-law,accessed March 12, 2012) 3. - The United Nations General Assembly adopted rule of law as it agenda since 1992, with renewed interest since 2006. The Security Council also had debates on the subject with resolutions dealing with the importance of rule of law in the context of women, peace and security, children in armed conflict, protection of civilian in armed conflict.

4. Elaboration of the functioning of the rule of law. - Joseph Rax (1977 : 195) offeres the following principles for the rule of law. - Laws should be prospective rather than retroactive. - Laws should be stable and not changed frequently, as lack of awareness of the law prevents one from being guided by it. - There should be clear rules and procedures for making law. - The independence of the judiciary has to be guaranteed.

- Principles of natural justice should be observed, particularly those concerning the right to a fair hearing. - The courts should have the power of judicial review over the way in which the other principles are implemented. - The courts should be accessible ; no man may be denied justice. - The discretion of law enforcement and crime prevention agencies should not be allowed to pervert the law.

- The World Justice Project, launched by the American Bar Association in 2006, proposed the four principles of the rule of law. 1. The government and its officials and agents are accountable under the law; 2. The laws are clear, publicized, stable, fair, and protect and fundamental rights, including the security of persons and property; 3. The process by which the laws are enacted, administered, and enforced is accessible, fair, and efficient; 4. Access to justice is provided by competent, independent, and ethical adjudicators, attorneys or representatives, and judicial officers who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve. Besides, the World Justice Project, such as of 30 November 2011 developed an Index to measure the extent the countries adhere to the rule of law in practice.

- The Council of the International Bar Association passed a resolution on October 8, 2009 on definition of the rule of law as : An independent, impartial judiciary, the presumption of innocence, the right to a fair and public trial without undue delay, a rational and proportionate approach to punishment, a strong and independence legal, profession, strict protection of confidential communications between lawyer and the client, equality of all before the law, these are all fundamental principles of the Rule of Law. Accordingly, arbitrary arrests, secret trials, indefinite detention without trial; cruel or degrading treatment or punishment, intimidation or corruption in the electoral process are all unacceptable.

5. The rule of law is inherent of democracy and governance because, without the rule of law in function, democracy and governance cannot be guaranteed. The electoral process in particular can be easily distorted if the rule of law is not adhered to. Overthrow of government by military coup is the gross violation of the rule of law that leads to conflicts and bloodshed within the society. Economic development could be made to benefit the influential if the rule of law is not observed. Denial of civil rights under the military/authoritarian regime is commonplace because the rule of law does not function.

List of possible questions/discussion themes Political development : 1. Is there any countries that are not modernized now? Why? 2. Is development the answer that most nations seek? Why? 3. Since when your country has been modernized? 4. When do you think development occur in your country? Do you know the reason why? 5. When talking about political development, what come to your mind? 6. Is political development equivalent with democracy? 7. Do you think political development has occurred in the PRC and Vietnam? Can you explain why?

Democracy: 1. What come to your mind first when talking democracy? 2. Is democracy an imposition from the West? Why most countries accept it? 3. Between the minimalist and maximalist concept of democracy, which is more important, and why? 4. Why is it that democracy is qualified or has an adjective? 5. Do you accept that democracy and economic growth have to be together? 6. Can Timor Leste/East Timor become a democracy? 7. In what way people equate stability with democracy?

Governance: 1. Talking about governance is talking about governing quality; explain it. 2. Why the concept of governance become popular? 3. Talking about good governance implies the existence of bad governance. Is there bad governance? What is looks like? 4. Good governance is imposed by the international agencies, why we do not reject it? 5. Do your government/country practice good governance? How do you know? 6. In your country which item of the good governance is most needed? Why?

Rule of Rive: 1. Do you think people understand what the rule of law means? Why? 2. What is the gross violation of the rule of law in your country? 3. What do you think people will benefit from the rule of law? 4. Does the government has to practice the rule of law more than common people? Why? 5. In what way rule of law reinforce democracy and governance?

List of teaching source / references Welch. Jr., Claud E., 2001. Protecting Human Rights in Africa. University of Pennsylvania Press. Sociologicalguide.com Todaro, Michael P. Economic Development. 8th edition, via Google access. Apter, David, 1965. Politics of Modernization. Chicago : University of Chicago Press. Kingsbury, Damien, 2007. Political Development. London and New York : Routledge. Jayuaribe, H., 1968. Economic and Political Development. Cambridge, M.A. : Harvard University Press.

Schumpeter, Joeph, 1947. Capitalism, Socialism and Democracy. New York : Harper.

Oxford Dictionary of Politics, Oxford Paperback.

Pye, Lucian W., 1966. Aspects of Political Development. Boston : Little, Brown. Wiarda, Howard J., 2004. Political Development in Emerging Nations. Thomson and Wardswocth. Rummel, R.J., 1996. Democratization in William Vogele and Roger Powers, eds., Protest, Power and Change : An Encyclopedia of Nonviolence Action from Act-up to Womens Suffrage. Hamden, CT : Garland Publishing.

Schmitter, Philippe C. and Terry Lynukarl, 1991. What Dessocracy Is and Is not, Journal of Democracy, 2, Summer. Collier, David and Steven Levitsby, 1997, Democracy with Adjectives : Conceptual Innovation in Comparative Research, World Politics, 49, April : 430-451. Kapoor, Ian. 2006, Deliberative Democracy or Agonistic Pluralism? The Relevance of the Habermas Mauffe Debate for Third World Politics, Alternative, 27 : 459-487. Diamond, Larry. 1997. Is the Third Wave Over, Journal of Democracy, Vol 8, No. 4, October : 21, 23-24.

Moore, Mick. 1995. Democracy and Development in Cross National Perspective : A New Look at the Statistics, Democratization. Vol 2, No. 2, Summer : 1-19. Diamond, Larry. 1995. Promoting Democracy in the 1990s : Actors and Instruments, Issues and Imperatives, Report to the Carnegic Commission on Preventing Deadly Conflict, December. Hirot, Paul. 2000. Democracy and Governance in Jon Pierre, ed., Debating Governance : Authority, Steering, and Democracy. Oxford University Press. United Nations Economic and Social Council, 5 January 2006, Deliberation of basic concepts and terminologies in governance and public administration, in Committee of Experts on Public Administration,

ADB Institute. 2012. Definition of Governance. http://www.adbi.org/discussionpaper/2005/09/26/1379,accesscon 2/10/2012. United Nation Development Programme 1997, Governance for sustainable development. UNDP policy document. World Bank 1993, Governance : Washington D.C. Thaevilwadi Burikul and Wanchai Wattharrasap. 2006. Extension Program to Apply Key Performance (in Thai language). Nonthaburi : King Bajodhipok Institute.

Diamond, Larry. 2010 Indonesias Place in Global Democracy in Edward Aspinal and Marcus Mietzner, eds., Problems of Democratization in Indonesia : Elections, Institutions and Society. Singapore: Institute of Southeast Asian Studies. Chai-Anand Sumdvanija. 2011. Sate and Society: Three Dimensional State in Siams Plural Society. Second edition, Bangkok : Chulalongkorn University Press. (In Thai Language) : 28-62.

Hunting Sumuel P. 1991. The Third Wave : Democratization in the Twentieth Century. University of Oklahoma Press.

Black Law Dictionary. 1979. West Publishing Company. http://legal-dictionary.the-freedictionary.com/Rule+of+Law+the, accessed on March 10, 2012.

http://en.wikipedia.org/wiki/Rule-of-law, accessed on May 12, 2012.

Raz, Josept. 1997. The Rule of Law and Its Virtue, The Law Quarterly Review, Vol. 93. Resolution of Council of the International Bar Association. October 8, 2009 accessible through httep://en.wikipedia.org/wiki/Rule_of_law

Teaching methodology 1. As a basic course, lecturing is crucial to lay foundation. 2. On particular topics, information sheet could be distributed in advance, then discuss in class. 3. Newspaper clippings on certain subjects/topics could be collected by student/group of student to be discussed in class 4. Team report on subjects studied can be assigned and the team will present the report in class. Lecturer may grade the report in order to encourage students interest. 5. Class lecturing can be supplemented by guest speakers on certain topies in order to arouse students interest.

WITH THE SUPPORT OF