Strengthening Accountability Networks and Real Rights: Empowering Civil Society for Democratic Change

Diego Ospina Serna

Hatched by Diego Ospina Serna

Mar 19, 2024

4 min read

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Strengthening Accountability Networks and Real Rights: Empowering Civil Society for Democratic Change

Introduction:

In the realm of civil society and legal systems, two distinct topics emerge: real rights and strengthening accountability networks. While seemingly unrelated, these concepts share commonalities that can lead to a more empowered and accountable society. This article explores the definition and classification of real rights, the challenges in accountability and fighting corruption, and the role of civil society organizations (CSOs) in promoting democratic change. By connecting these ideas, we can uncover actionable advice for individuals and communities seeking to drive positive transformations in their societies.

Understanding Real Rights:

Real rights, as defined by the Civil Code, encompass four faculties: use, enjoyment, disposition, and reclamation. However, it is important to note that these faculties are not exhaustive. They represent a set of possible rights that a property owner may possess. It is crucial to recognize that all legal relationships are established between individuals, not between individuals and objects. While the object of a legal relationship can vary, including both tangible assets and actions, the foundation remains the interaction between individuals. Real rights fall under the category of patrimonial rights, which encompass economic content. These rights directly pertain to assets and establish a direct relationship between the right holder and the object of the right.

Challenges in Accountability and Corruption:

The Strengthening Accountability Networks among Civil Society (SANCUS) project aims to address common deficiencies in accountability and corruption across 21 countries. Both the supply and demand sides of accountability face significant challenges. On the supply side, deficiencies include a lack of integrity in state institutions and weaknesses in oversight bodies. This often stems from blurred lines between the public and private spheres, as clientelism, lack of rule of law, and politicized administrations infiltrate formal institutions. Corruption, misuse of state resources, and unresolved conflicts of interest further compound these challenges. On the demand side, initiatives led by CSOs face obstacles due to shrinking civic space and exclusion of affected communities from political and budgetary processes. Limited public participation in decision-making and restricted access to information further hinder accountability efforts.

Empowering Civil Society for Democratic Change:

To combat these challenges, the SANCUS project empowers CSOs and citizens to engage with public officials and demand greater democratic accountability. By leveraging tools and methods, these individuals and organizations can actively advocate for systemic change. The project adopts a two-pronged approach, emphasizing both vertical and horizontal accountability. Vertical accountability entails citizens and their associations holding the state accountable, while horizontal accountability involves state actors exercising formal authority to demand explanations or impose sanctions on other institutions. SANCUS focuses on strengthening the demand-side of vertical accountability by empowering citizens to assert their rights and monitor the performance of duty bearers. Additionally, CSOs collaborate with oversight institutions to examine rights guarantors and apply digital tools to enhance advocacy, legal protection, and citizen mobilization.

Actionable Advice for Empowered Change:

  • 1. Foster Collaboration: CSOs should prioritize collaboration and knowledge-sharing within national networks and utilize resources available through initiatives like SANCUS. By learning from their peers and leveraging collective expertise, CSOs can address specific needs and limitations more effectively.
  • 2. Amplify Citizen Engagement: Encourage citizens to exercise their rights and actively participate in decision-making processes. Promote awareness and education to empower individuals to demand accountability from duty bearers. Access to information and digital tools can facilitate citizen engagement and serve as a catalyst for change.
  • 3. Advocate for Institutional Reform: Work towards strengthening oversight institutions and promoting their independence from external interference. Advocate for transparent and non-partisan distribution of public goods, ensuring that integrity and accountability are upheld within state institutions.

Conclusion:

Real rights and strengthening accountability networks may seem distinct, but they intersect in their pursuit of an empowered and accountable society. By understanding the nature of real rights and the challenges in accountability and corruption, we can recognize the pivotal role played by civil society organizations and citizens in driving democratic change. Through collaboration, citizen engagement, and advocacy for institutional reform, individuals and communities can actively contribute to a more transparent and accountable society. Together, we can foster a culture of integrity and empower citizens to demand their rights and hold those in power accountable.

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