United Nations Development Programme

Question: Discuss about the United Nations Development Programme. Answer: Introduction The World War II broke the ice for the crusade that led to the formation of the United Nations in 1945. (Hambro and Goodrich, 1946) The ramifications of the war had a devastating impact on the sanctity of human life. Succinctly, the United Nation is a precipitate of the social and political maelstrom that transgressed, violated and trampled upon inherent human rights colonial era ethos. (Murphy, 2006)In this regard, various organizations stemmed from the UN Chatter, blossomed up to champion the well-being of humanity. (UN Chatter, 1945) Of special and keen interest to this report are the United Nations Development Programme (UNDP) and its legal environment. United Nations Development Programme (UNDP) The UNDP was established in 1965 and has gained prominence in the promotion and the protection of human rights through sustainable development programme. (Murphy, 2006) Since its inception, its principal focus has been predicated on promotion of good governance, reduction of poverty in developing countries, disaster management and increasing the access to sustainable energy in a bid to achieving the Millennium Development Goals. (Stokke, 2009) The significance of the UNDP cannot be undermined as it has been working with an estimated 170 countries to achieve its objective. The Urban Partnerships for Poverty Reduction in Bangladesh epitomizes UNDPs true achievement. (Harrison, 2015) In 1998 the UNDP unveiled its policy of integration of human rights with human development as its touchstone for improving the quality of life. (Brett 2009) The bedrock functions of the policy included promoting the application of human rights with a development programme based approach and solidifying the national human rights enforcement systems and mechanisms. Recently, in February 2013 the UNDPs executive board that has 36 representatives from different counties held a meeting that deliberated on its promotion of access to energy and protection of the environment for poverty reduction and human development. Legal governance, management and relationship issues It is instructive to note that the world population has significantly increased since the inception of the United Nations Chatter. This has led to a drastic change and improvement in the management and structure of the UNDP, which has been improved to broaden its area of coverage and help the simultaneous eradication of extreme poverty and development of quality human life. The UNDP executive board developed a strategic plan in 2013 that came into effect in October 2014 with the result of a significant restructure of the regional and headquarters management and administration. Accordingly, the UNDP has developed a Programme and Operations Policies and Procedures (POPP) that provides for the managing of its internal affairs that include procedural standards and also it acts as a guide to make policy and risk-informed decisions. The POPP explicates how the financial and human resources of the UNDP are a management and provides for mechanisms of handling disasters and project management . This legal policy document can be accessed by the public. It is worth noting that the UNDP has an accountability framework that serves as an independent internal oversight to ensure the work undertaken by the UNDP is done within the international accepted standards and is markedly efficient and effective in its operations. Significantly, the UNDP through its operations has developed a plausible relationship with several countries to assist wrench humanity out of undesired suffering and follow the path of development. It bears noting that the relationships have been largely based on treaties and legal policies. Legislation At the outset, there is a collective web of legislations that were formed pursuant to the United Nations Chatter that aide the UNDP propel its objectives and goals. The UN Chatter is the mother of all documents that guide the UNDP that provides for fundamental freedom and rights of persons. The International Covenant for Civil and Political Rights that was adopted by the United Nation General Assembly in 1966 is very instrumental towards the realization of civil and political rights that help promote governance and prevent desolation and depredation of the political order. The International Covenant on Economic Social and Cultural Rights that was also adopted 1966 plays a pivotal role that drives the agenda of UNDP to eradicate extreme poverty and improve access to energy by providing for a comprehensive bill of rights that confers upon individuals rights such as the right to water, food education and medical services. The united Nation Declaration of Human Rights (UNDHR) is also a vital legislation of the United Nations that provides for human rights and fundamental freedoms in its provisions that should be achieved by member states. Areas of Risk The UNDP has faced very high legal risks in its operations. The governance of some countries has failed terribly with the political order in the states remaining indeterminate. In this regard, to implement the aims and objectives of the UNDP has been notoriously difficult. There are countries that are in constant war such as South Sudan where reaching the people becomes a challenge and the government. Governments that flagrantly violate human rights and do not observe are a major challenge too to the UNDP. The principles of the rule of law and equality before the law are paramount towards realizing good governance. States where the poor have no major say in decision making are almost having democracy slipping into comma. Essentially Democracy and the Rule of law are areas of high legal risk that UNDP subjects its self upon harboring the intention to pursue these areas in a state. (Goodman and Jinks, 2004) State sovereignty is among the major areas of high legal risk that this paper shall give peculiar interest. State sovereignty It should be borne in mind that UNDP is an international organization that seeks to intrude on the privacy of a sovereign state. (Edward, 2003) This is a major area of high legal risk that poises a conundrum to the UNDP to apply the concepts of international law and international customary practice to help some state develop and improve the protection human rights. Precisely, the concept of state sovereignty connotes that each country is independent and free from control by any organization and has unfettered power to make decisions concerning its own affairs. The UNDP lacks a formidable enforcement mechanism to defeat extreme poverty in counties like Africa where the precepts of international law that are contained in the legislations discussed above become difficult to apply. What shocked the conscience of the legal firmament in the world is the threat that members of the African Union made to withdraw from the Rome statues that forms the ICC. It is a pity that, while an organization such as UNDP seeks to help developing countries, the legal concept of state sovereignty is even in modern day a bar to its success. (Donnelly, 2014) Implication of the risk (state sovereignty) State sovereignty and territorial sovereignty find convergence in the idea inherent in them. (Larry and Zachary 2010) Some states declare that they do not need any international assistance to the extent of not allowing the support staff of such organizations such as the UN peacekeepers to cross to their territories. A considerable number UN peacekeepers other United Nation functionaries have lost their lives due to hostile states. Essentially, because of the myopic sense of thinking of the political class in some of these states, extreme poverty and under-development will become a permanent feature describing them. ( Lekha and Wermester, 2003) It is strategically unreasonable, while discussing state sovereignty, not to associate the corrupt behavior that is outlandish and unwarranted, of the political class that hides under the guise of state sovereignty to protect their opportunistic predation tendencies. Grand corruption prevents resources that were meant for the people and public at large from reaching them because of the selfish interest of the political. If this veil of state sovereignty is lifted then developing countries could quickly emerge to be developed through the help of organizations such as UNDP. (Kristen, 2009) The International Court of Justice (ICJ), which is a judicial organ of the United Nation, has had a share of its risk and challenges. Political leaders who systemically violate the principles set by the UNDP legislations are at times called to justice in this court and they plead that they are a sovereign state and their affairs should not be interfered with. (Cortright, Lopez and Gerber, 2002) Enforcement mechanisms to apply the warrant of arrest granted by the court have very little effect. Political leaders like Omar Bashir of Sudan still have a warrant on their heads but very little can be done to ensure his arrest. The recent case of Kenyas top political leadership answering to cases of egregious human rights violations in the country at the International Criminal Court is an epitome of the challenges and risks that the international organizations such as the UNDP face. The risk that is faced with the implication of state sovereignty is that some states which are at war will continue being at war if they rest their opinions on the assumptions that they are the only solutions to the challenges they face. The UNDP as an organization faces a high risk of possible weakening its institution for lacking proper and effective enforcement mechanisms of its policies and objectives. The continuous attack on international aide representatives is a high risk that UNDP faces in carrying out its mandate. Cases of an abduction of staff working for organizations such as this have been on the rise in developing countries with a particular notoriety in Somalia, where a terrorist group famously referred to as Alshabaab often abduct these staff. (Booth, 2013) Additionally, the ramifications of this risk will have a long term effect on the citizens of the country that is hindering international aid from UNDP. Citizens will lack fundamental human resources such as food shelter and water and life goes back to what Thomas Hobbes described as short, nasty and brutish. High violence and crime rates will be in the country as access to energy and poor development will remain to be a common experience within the country. The dominant argument here is that countries that profess to be sovereign so as to avoid international duty and obligation imposed by the UNDP and other related organizations will not only be referred to as failed states but they will also face inadequate economic cooperation from developed states. The UNDP also faces the risk of falling short of functions to perform as an organization because the personnel that is involved in the field activities will, in the long run, be inadequate. This could likely be because of the deterrent effect of the actions of the hostile states. Very few individuals will be will to work in such areas that pose a threat to their lives. The abduction cases by the hostile citizens of such nations where the terrorists demand huge sums of money as ransom, kills the spirit of devoted staff of the UNDP. Strategic options of the legal risk and recommendations The Vienna Convention on the Law of Treaties (VCLT) is a strategic option that states should become parties to. The convention states in its article 27 that states should not invoke their domestic law for the breach on an international obligation required by an international organization such as the UNDP. (Vienna Convention,1969) Additionally, it states that treaties that are entered by states should be signed in good faith. This is an overarching principle in international law referred to as Puctus sunt servanda that obligates treaties to habitually obey international treaties and their subsequent organizations because they entered into the agreement in good faith. (OFlaherty, 2011) The UNDP should arrange with the civil society in various countries who will play a major role in increasing awareness and the importance role played by the UNDP. (Jolly, Emmerij and Ghai, 2004) The civil society will also explain the objective of the UNDP of eradicating poverty, increasing access to energy and development of quality life. This will give the organization a wide acceptance among citizens and the opportunity to propagate its objectives. The civil society can also create awareness among the youth of a country so that they can exert pressure on their political leadership to apply the principles that the UNDP is imposing on them. The UNDP should also build a strong relationship with the private sector of a country because, for the eradication of extreme poverty, a strong private sector is needed. (Gilbert, Hampson, and Sandoval, 2011) It is the private sector that will assist and fuel the fast attainment of sustainable economic development. The international private sector should also play a major role in terms of monetary donations to civil societies in countries and to poverty trapped families. The international business organizations through the UNDP can also assist in donations that will go far to help in sanitation water, food and upgrading of slums. (Keyes, 2012) The International Criminal Court (ICC) has been ridiculed to be toothless and chasing the wind. These sentiments have some elements of reality because the court has a weak enforcement mechanism. It is strongly recommended that a strong enforcement mechanism of the court orders issued will create an appealing path for organizations such as UNDP to realize their full potential. (Elizabeth, 2010) Conclusion The UNDP should be applauded for its activities that have had a positive impact on the lives of many people in the world at large. It is however submitted that the UNDP should seek to improve the enforcement mechanism of its legislations so that its developing programs can have a far-reaching effect. It is imperative to note that the importance of the UNDP should not be undermined and the civil society and the private sector in various countries should peacefully welcome their ideas and funding. On the other hand, governments are highly encouraged to give full effect of the policies by ensuring the domestication of the treaties and policies as laws in their countries. If the precepts supplied provided in this research are applied fully the UNDP will easily manage its legal environment that is mostly comprised of the legislations and the various policies that it has developed. The legal environment of any organization is not one easy to manage and requires tact and high level competence that this report has displayed. 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