Accountability is a key tenet of good governance. Who is accountable for what should be made clear in public documents. It means that public officials are accountable to the people (vertical accountability) and to other institutions (horizontal accountability). It means that there should be real punishments for abuses of power and that there are effective systems for citizens to hold officials to account and seek justice for rights abuses. It is important that institutions have the legal power to independently investigate and punish offenders without pressure from the executive or other powerful groups. For example, in Bhutan, those who are found guilty of failing to comply with the Anti-Corruption Act of 2006, which requires public servants to accurately declare their assets and liabilities, are subject to penalties under the country’s penal code.
Accountability to law and to constitutional norms is important not only for dividing, balancing and restraining political power, but also for upholding fundamental human rights, civil liberties and the rights of minorities. Democratic institutions generally contain mechanisms that hold the executive branch accountable to the legislative and judicial branches. It is important that the executive branches respects judicial independence and enforces or abide by judicial decisions.
Legislatures must also submit to judicial review of the laws that they pass. Political parties play an important role in promoting accountability. In government, opposition parties hold the government to account directly through parliamentary oversight and various committees. Outside of government, political parties support accountability both during and in between elections. During an election, political parties present the electorate with the opportunity to vote for alternatives if they feel that the ruling party has not satisfactorily addressed their needs and concerns.
In between elections, political parties play an important role of raising awareness about the shortcomings of the current government. Some examples of specific measures that political parties can advocate for to promote effectiveness and efficiency include:
• Reforms that lead to Increased checks and balances and independence of the judiciary. For example, in Costa Rica, the existence of three branches of government, as well as two autonomous state authorities with equivalent responsibilities (electoral and auditory branches), has created horizontal accountability and allowed for a separation of powers among state agencies, which are constitutionally empowered to take action against one another when required.
• The establishment of independent bodies that can hold the officials to account for cases of abuses of power, mismanagement or corruption. For example Timor Leste’s independent oversight mechanism, the Office of the Provedor de Direitos Humanos e Justiça, operates outside the government, reports to parliament and is responsible for investigating government and citizen complaints against state agencies or private contractors, who manage or operate public goods and services.
Example of Accountability as an Aspect of Good Governance
Philippines
In the Philippines, since 1978, the main constitutional check on graft and related matters has been exercised by the Office of the Tanodbayan and through the jurisdiction of the Sandiganbayan. The former is an Ombudsman tasked with enforcing the public accountability of government and probing complaints made against public officials. He is also empowered to initiate investigations on his own account. The Sandiganbayan is a special court with jurisdiction over civil and criminal cases involving graft and corruption.