Corporate Governance and Trade Unions

Name

nInstitution

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nCorporate Governance and Trade Unions

nGood governance has significant impact on human rights and social justice. It is a concept that entails several characteristics, including transparency, accountability, public sector skills and leadership skills and performance of obligation on human rights by relevant governments (Kaul and Sinha 300). In government, it entails fighting corruption and impunity, monitoring elections, creation of an independent judiciary free from political influence and interference and improved service delivery to the citizens. Other components of good governance are respect of human rights, the rule of law, political pluralism, effective and efficient public sector, access to information, education and knowledge, equity, political empowerment of the citizens and solidarity (Kaul and Sinha 123).

nAccording to a resolution on human rights 2000/64, good governance advocates for rights-based approach to development anchored on five core values including transparency, responsibility, participation and responsiveness to the desires of the people (Kaul and Sinha 72). In the absence of good governance, human rights and social justice cannot be protected and respected because their implementation is dependent on conducive political environment, preferential trade agreements and good legal framework, which respond to the needs and rights of the citizens.

nInstitutions in a good governance states promote democracy and creates avenues for citizens to participate in making national policies through informal or institutional consultations. Social groups are included in making of crucial decisions and promotion of creation of strong civil societies and local community groups, which express position in issues pertaining to their well-being (Kaul and Sinha 272). The reforms also ensure proper delivery of public goods and services which are necessary for the protection of a human rights such as the right to health, food, shelter and basic education. The reforms include creation of a culture of transparency, accountability and inclusion of public participation in decision-making (Sano, Alfredsson and Clapp 38).

nThe rule of law must be implemented in countries, which value human rights through good governance. Legislation and institutional reforms including penal code set ups, judicial systems and law making institutions should implement the legislations. The core reforms should include legal reforms advocacy, rising of public awareness at local and international levels. Capacity building should also be advocated in legal framework (Kaul and Sinha 63). The governments should put measures in place to fight corruption by enhancing integrity and accountability. The public is allowed to monitor the use of funds by government institutions while the state should form anti-corruption commission and allow sharing of information with the public (Kaul and Sinha 157).

nInternational standards

nThe concept of good governance is enshrined in the principles of international laws on human rights (Reif 65). The Universal Declaration of Human Rights in article 21 requires that governments participate in delivery of human rights while article 28 entitles every person to an environment where all the rights and freedoms outlined in the declaration can be achieved. According to article 2 of the covenants on political and civil rights in the world requires states to recognize and respect the human rights and take necessary punitive measures for those who violate the rights of others (Kaul and Sinha 322). Remedy should be given to people whose rights and freedoms are denied or violated, create effective judicial systems, which are fair, and respect the rule of law. If the spirit of international laws on human rights is implemented, good governance will be attained with improved standards of living for citizens.

nTrade unions

nThe freedom and right to form and join a trade union and to engage in collective bargaining are universal human rights (Reif 56). Trade unionists fight for human rights based on the slogan that an injury to one is injury to all hence the need to fight for justice, truth and fairness. The unions must engage their members in seminars which enlighten them on theirs rights and freedoms and remedies available to them upon violation of the same (Kaul and Sinha 141). The trade unionists take great risk in an effort to fight for the rights of their followers. They engage in collective bargaining for their rights including fight against impunity, labor exploitation and deprivation on freedom of association, assembly and expression.

nLocal laws

nLocal legal framework plays a key role in attainment of good governance and development of human capability (Kaul and Sinha 22). A country that is signatory to international treaties on human rights must create effective local systems to protect its citizens and integrate human rights into local laws necessitated by the fact that the local legal systems interact and directly affect the lives of people living in the locality. The public should be involved in formulation of these laws and policies (Kaul and Sinha 129).

nPreferential trade agreements

nIn preferential trade agreements, member countries reduce trade tariffs for transactions done among member states but not with the rest of the world thus creating a preferential trade bloc. The freedom of movement and right to own property in a country are extended to include other regions within the member states (Kaul and Sinha 214).

nIn conclusion, good governance and human rights are mutually intertwined. The creation of good governance can be attained through international and local laws, preferential trade agreements and government efforts to allow community groups and trade unions to promote collective bargaining and civil education. Consequently, development of human capabilities is attained that promote public awareness of their rights and freedoms (Sano, Alfredsson and Clapp 28).

nHuman capability development and human rights

nHuman rights are entitlements inherent to all human beings, regardless of our sex, race, religious affiliation, nationality, language or any other status (Kaul and Sinha 222). They are given to all human beings without discrimination and entails both rights and obligations. The state has a duty and obligation to respect, protect and fulfill human rights as outlined in international and national laws. They are inalienable and cannot be denied except in specified situations (Sano, Alfredsson and Clapp 28).

nAccording to the United Nations Universal Declaration of Human Rights, there are 30 basic human rights inclusive of rights and freedoms (Kaul and Sinha 85). The rights include right to life, liberty and personal security, equality before law, fair public hearing, social security, to be considered innocent until proven guilty, to own property, to peaceful assembly and association and the right to standard of living and well-being including food, shelter and medical care and right culture and copyright (Reif, 63).

nAccess to medicine by the public and maintaining of intellectual property for pharmaceuticals are both human rights (Reif 65). The two human rights collide in that for a state to ensure free access to medicine, it would have to infringe on the inventors intellectual property. Pharmaceutical companies are entitled a period of 20 years to monopolize the manufacture of a newly discovered drug leading to high prices of drugs, which is unaffordable to the public (Kaul and Sinha 258). The Doha Declaration of 2001 introduced flexibilities to curb this problem such as compulsory licensing, parallel importing and voluntary licensing.

nHuman capability development is designed to improve the standard of living, knowledge and a long and healthy life as a reflection of development of a country (Kaul and Sinha 252). An enlightened society is aware of their human rights and remedies available to them when the rights are deliberately denied or withdrawn. Human rights activists and the legal system work together to educate the public and ensure justice is delivered to victims of inhuman actions.

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nWork Cited

nKaul, J. L, and Manoj Kumar Sinha. Human Rights And Good Governance. New Delhi, India: Satyam Law International, 2008. Print.

nReif, Linda C. The Ombudsman, Good Governance, And The International Human Rights System. Leiden: Martinus Nijhoff Publishers, 2004. Print.

nSano, H.-O, Gudmundur Alfredsson, and Robin Clapp. Human Rights And Good Governance. The Hague: Martinus Nijhoff, 2002. Print.