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Systems Research and Behavioral Science

Syst. Res. 24, 37^58 (2007)


Published online in Wiley InterScience
(www.interscience.wiley.com) DOI:10.1002/sres.764

& Research Paper

The Hijab and Systemic Governance:


Transnational Policy Making and
Human Rights
Janet J. McIntyre*
Flinders Institute of Public Policy and Management, Adelaide, Australia

The banning of the hijab along with other religious symbols in French public schools from
1st September 2004 can be cited as an example of a complex issue. It is also an example of
policy making, that treats the wearing of the hijab (and other religious symbols) as
representative of an essentialist religious category that is symbolic of both identity and
worldview. All religious symbols in public schools are banned, but the discretion is with
local schools as to how the law will be managed through discussion with the student. This
article addresses the policy by ‘unfolding’ the values of the different stakeholders and
‘sweeping in’ the social, cultural, political, economic and environmental factors (adapted
from Churchman, 1979a,b, 1984, who cites Edgar Singer). Both cultures Christian and
Muslim need to consider the merits of using the least powerful as a site for the struggle
over identity politics, shorthand for the systemic fall out post 9/11. Copyright # 2007 John
Wiley & Sons, Ltd.

Keywords hijab; human rights; subsidiarity; systemic governance

INTRODUCTION  Representation of all the stakeholders (Fine,


1994; Fung and Wright, 2003) in decision
‘Vision is always a question of the power to see and making,
perhaps of the violence implicit in our visualizing  Listening to what stakeholders say,
practices’ (Donna Haraway in Fine et al., 2000, 108)  Respectful communication,
 Working across organizations and across sec-
Some of the essential characteristics of good
tors (e.g. health, education, employment)
governance are:
 Forming responsive team approaches in
 Openness to many people and many ideas response to issues,
(Gaventa, 2001; Gaventa and Cornwell, 2001;  Holding in mind many issues, not just single
Gaventa and Valderrama, 1999), issues.
One of the techniques for achieving better
* Correspondence to: J. J. McIntyre, Flinders Institute of Public Policy
and Management, GPO Box 2100, Adelaide 5001, Australia.
governance at the local, national and inter-
E-mail: janet.mcintyre@flinders.edu.au national level is expanding the concepts of

Copyright # 2007 John Wiley & Sons, Ltd.


RESEARCH PAPER Syst. Res.

accounting and accountability to incorporate: THE HEADSCARF: POWERLESS YOUNG


social, cultural, political, economic and environ- WOMEN BECOME A SITE TO ARGUE
mental indicators. The process for governance CULTURAL VALUES: UNDERMINING
involves working across or communication DEMOCRACY?
across
Margaronis (2004) points out that it is poignant
 Civil representatives
that the site for the contest over democracy and
 Elected representatives
the enlightenment6 should be played out through
 Corporate structures to link public, private and
controlling young (relatively poor) Muslim
non-government organizations
women of school-going age who need to attend
public schools and to obtain an education if they
are to improve their own and their children’s life
APPRECIATION OF THE CONTEXT chances. Margaronis argues: ‘For several months
now France has been obsessed with an item of woman’s
To wear or not to wear? What does the hijab have clothing. The garment in question is not the skimpy
to do with human rights? In France, about lingerie modelled in a Paris Metro ad (paedophilia
5 million are Muslims1 and 15 million Muslims Publictaire, scolds the graffiti) by a pubescent girl, but
live in Europe2 and 1 in 15 British residents3 are the Islamic hijab, increasingly in vogue among French
Muslim. A topical issue pertaining to power and Muslim woman. The tone of this quotation makes it
praxis is the way in which the hijab, a head cloth clear that ‘the French parliament’s recent vote (494–
worn by Muslim women is becoming a site for 36) to ban the wearing of ‘‘conspicuous’’ religious
Western Europe and United Kingdom’s concern symbols in public schools’ (ibid) is regarded as unfair
for preserving western culture and political and immoral. ‘. . .The French Law is meant to protect
interests. the republican principle of laicite, a strict form of
The day after 12 Nepalese civilians were killed secularism established after bitter struggles at the
by Iraqi hostage takers, two French journalists beginning of the last century to keep the Catholic
were taken as hostages (1 September 2004). ‘The Church out of politics. Nearly everyone agrees that
hostages demanded that the policy on the banning of laicite must be preserved—including most of the far
the hijab . . . be revoked, but the ban was implemented. right, who take the Catholic jihardi Joan of Arc as
French Foreign Minister Michel Barneier said he figurehead for their anti-immigrant campaign. At a
understood that Mal Bruner and Chesnot were alive moment of perceived crisis it is a powerful rallying
and getting good treatment . . . the hostage takers were cry. Exactly what the crisis is depends on who you
split between the radical foreign fighters who wanted ask . . . France’s Muslims, most of them children of its
to keep the journalists captive and Iraqi elements colonial adventures in North Africa, make up about
opposed to the Baghdad authorities who supported 7% of the population, no government has challenged
their release’.4 the racism that keeps so many of them in the
French Muslims protested against the capture windswept, high rise suburbs (the banlieues) on the
of the journalists and called their captors margins of the cities. A second-generation Algerian is
unIslamic. Paradoxically, this led to greater three to four times more likely to be unemployed than a
solidarity with France, because the French were ‘‘native’’ French person; schools in the banlieues are
against the war with Iraq.5 bleak and badly funded’.
Margaronis (2004) goes on to say that President
Jacques Chirac straddles a difficult line between
1
Margaronis, M. 15th March 2004. The Nation.
the right and the left: all students at all public
2
Alaa Bayoumi. 10 March 2004. Europe taking wrong route to integrate schools are banned from wearing religious
Muslim population.
3
Bertram, T. and Pascal, C. The OECD Thematic Review of Early
symbols. But for example Le Pen is against the
Childhood education and care: background report for the United ban, because it will help the immigrants ‘blend
Kingdom. http://www.oecd.org/copyr.htm/.
4,5
‘Release imminent for French Hostages’. Weekend Australian. Sept 4–
6
5 2004. Reuters AFP-AP. Margaronis, M. 15th March 2004. The Nation.

Copyright  2007 JohnWiley & Sons, Ltd. Syst. Res. 24, 37^58 (2007)
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38 J. J. McIntyre
Syst. Res. RESEARCH PAPER

in’ (op cit). But there is no formal representation aim. After the verdict the school urged her to return,
of North African interests in the French National but her family refused, accusing it of Islamophobia’.
Assembly ‘only seven on local and regional councils’.
(op cit). According to an editorial,7 in three
German states (lower Saxony, Bavaria and Baden SUBSIDIARITY IN THE EU: THE NEED FOR
Wuerttemburg) they were considering banning MORE SYSTEMIC DECISIONS
teachers from wearing the headscarf at public
schools. Other religious symbols are permitted. The starting point for this discussion on govern-
‘. . . a German Catholic organization is urging that the ance and international relations is not identifying
scarf be viewed as a political symbol, insisting that any ways to ‘deal with the other’ as religious groups,
law banning it shouldn’t be applied to symbols that are civilizations or nations or to impose community
part of the country’s Christian tradition’ (ibid). or any other solution, but instead exploring and
In another editorial8 it is argued that Muslim creating opportunities and connections within
asylum seekers in Netherlands had not been and across self- other and the environment.
accepted and 26 000 would be returned over Critical and systemic thinking is useful in this
3 years. The same writer argues that Denmark regard, not only because it exposes the contra-
has proposed legislation to limit the number of dictions and helps us to think about their
Muslim religious leaders as part of a deal implications. Ideally, democracy requires work-
between Denmark’s Liberal–Conservative gov- ing the conceptual and geographical boundaries,
ernment and its far right ally, the Danish People’s and also taking responsible decisions in the
Party. The law applies to all religions.9 In the interests of humanity (Nelson, 2002). The paper
United Kingdom, a scholar at Denbigh High supports a form of revised democracy and
School, where 80% of the students are Muslims, enlightenment that respects the importance of
was requested to wear a long loose flowing freedom to the extent that they do not undermine
garment instead of the culottes and tunic worn by the freedom of others.
the other Muslim students. She lost a court case to The key concepts are ‘bonds’ that draw us
uphold her right to wear this garment. ‘Fifteen- together, ‘boundaries’ drawn by individuals and
year-old Shabina Begum is like any normal girl her groups and ‘norms’ that guide the behaviour of
age, and given a chance she would, presumably, be groups’ (Elias and Lichterman, 2003) and ‘trans-
doing what teenagers do–go to school. . .’.10 formation and emergence’ to explore not merely
Suroor argues that she has been used as a ‘culture in interaction’ (Elias and Lichterman,
pawn. Her family (in particular her brother, is a 2003), but the processes for bringing about
member of Hizb-ur-Tahrir) insists on her remain- change (McIntyre, 2003, 2004; Laslow and
ing at home if she is unable to wear the long robe, Laslow, 2004). Concepts of change need to be
as it was not part of the dress code. This was discussed11 and worked with, in order to inspire
upheld by the High Court in London that argued, creativity and better governance decisions that
‘its decision was not discriminatory and did not breach support international relations.
the girl’s human rights as claimed by her counsel. The Bonds are the connections we draw across self,
judge held that the school’s uniform policy had ‘‘the other and the environment. The more inclusive
legitimate aim’’ of properly running ‘‘a multicultural, and wider we can draw the boundaries of
multi-faith secular school’’, and the limitations protection of the other, the greater the potential
imposed on Shabina were ‘‘proportionate’’ to that for creating bonds or relationship and trust and
the closer we can move towards Human and
7 11
9 January 2004. ‘Unveiling discrimination’ Times-Picayune. Such as: structural differentiation (Maturana), dissipative structures
8
Alaa Bayoumi 10 March 2004. ‘Europe taking wrong route to integrate (Prigogine and Stengers), moving equilibrium (Parsons), autopoesis
Muslim Population’ Seattle Post-Intelligencer. (Maturana and Valerela), eternal return (Deleuze and Guattari), boom-
9
Schofield, M. 7 March 2004. ‘Headscarf furore covers a deeper issue; erang effect (Ulrich Beck), dialectic (Habermas) and unfolding or
Support for anti-Muslim legislation is growing in Europe’. The Seattle sweeping in (West Churchman). They form the basis for what I call
Times. Gaian governance based on agape communication for emergence
10
Suroor, H. 24th June 2004. ‘From hijab to jilbab’ The Hindu. (McIntyre, 2006).

Copyright  2007 JohnWiley & Sons, Ltd. Syst. Res. 24, 37^58 (2007)
DOI:10.1002/sres

Transnational Policy Making and Human Rights 39


RESEARCH PAPER Syst. Res.

Environmental Justice by international agencies Perhaps all we can do is to provide multiple


such as the United Nations Aarhus Convention dimensions in a mandala of options. Aspects
(30 October 2001)12 and The International Crim- always remain hidden.14 At best we can attempt
inal Court.13 to be mindful of these many dimensions and try
We need to address the following: not to be uncritical of them or blind to them. This
is necessary for good governance.
 What is democracy these days and to what
The United States, Britain, EU and Australia
extent does enlightenment cast a shadow of
are democracies, but ‘[w] hose reality counts?’
hegemony over the powerless?
(Chambers, 1997). Systems thinking can become
 How can the needs for human individuality,
oppressive if it seeks answers without openness
human belonging and the greater good of
to the ‘liberative potential’ (to use Gouldner’s,
society and the environment be addressed
1971 phrase) of questioning as a way to gain an
through governance and international
appreciation of complexity. Fixed or essentialist
relations? What models that take into account
categories can be re-worked conceptually
gender and complexity (Moser, 1991) can we
(Brubaker et al., 2000, 2004), but the argument
draw on at the local, national and international
does not deny their power and relevance in the
level?
everyday lives of people, in governance and
 How can ordinary people make a difference to
international relations. Silencing and othering
governance and democratization of the
results in the loss of knowledge. I explore the
enlightenment in their everyday lives?
paradox, namely that openness and sharing ideas
 How do we develop a praxis based on the sort
(the idealist version of democracy and a trans-
of communication that appreciates emergent
formed enlightenment approach) requires trust.
ideas?
Trust in turn requires openness and sharing
ideas. Churchman stresses that we can never find
12
Svitlana Kravchenco, 2001 in a paper entitled: The doors to demo- a total or solution based on a total understanding
cracy are opened! Quotes Kofi Annan ‘The Aarhus Convention is the
most ambitious venture in environmental democracy undertaken
of the system, but nevertheless we need to try to
under the auspices of United Nations. Its adoption is a remarkable see the wider horizons. Critical reflection can
step forward in the development of international law as it relates to
participatory democracy and citizens’ environmental rights . . . Its
help if we look both inwards and outwards. The
entry into force today, little more than three years after it was adopted, appreciation of a system requires understanding
is further evidence of the firm commitment to those principles of the
Signatories—including States in Eastern Europe and Central Asia
the expanse of the system. The system of interest
whose role in this process clearly demonstrates that environmental should in fact start with ‘unfolding’ values and
rights are not a luxury reserved for rich countries’. He goes on to cite
the UN High Commissioner of Human Rights Mary Robinson as
‘sweeping in’ (in the sense used by Churchman,
follows:’ The convention is a remarkable achievement not only in 1979a,b, 1982 who drew on Singer) multiple
terms of protection of the environment, but also in terms of the
promotion and protection of human rights, which lie at the heart of
variables (social, cultural, economic, political and
the text. As such, Aarhus is a key step in the progress of integrating environmental) within the context of the inquiry.
human rights and environmental issues . . . Its entry into force is a key
signpost for the future of human (sic) and the environment in all parts
Critical reflection is the basis for testing out ideas,
of the world . . . The great value of this Convention lies not only in the because the closest we can get to truth is through
promise of protection it afford the people and the environment in
Europe, but also in the model it provides for similar action in other
dialogue to achieve compassionate outcomes
nations and regions in the world’.
13
(McIntyre, 1996, 1998; McIntyre-Mills, 2000,
The purpose of the ICC according to the Rome Statute is to support
‘peace and justice’. According to Human Rights Watch (http://
2003, 2004). Rescuing the enlightenment agenda
hrw.org/campaigna/icc/ accessed 7/28/2004) ‘The statute outlining from its failings through open debate to achieve
the creation of the court was adopted at an international conference in
Rome on July 17, 1998. After 5 weeks of intense negotiations, 120
transparency ought to be the ideal for democracy
countries voted to adopt the treaty. Only seven countries voted against that will be based on working the conceptual and
it (including China, Israel, Iraq, and the United States) and 21
abstained. 139 states signed the treaty by the 31st December 2000
geographical boundaries. Moving from pragma-
deadline. 66 countries- 6 more than the threshold needed to establish
the court-ratified the treaty on 11 April 2002. This meant that the ICC’s
14
jurisdiction commenced 1 July 2002. From February 3–7, 2003, the Jung’s other archetypes, beside the shadow- our dark side that we
court’s Assembly of States Parties- the ICC’s governing body-elected often deny and instead see in others. The male and female archetypes
the court’s first 18 judges. The resulting . . . judicial bench (the judges of animus/anima, respectively, the old wise man, the earth mother
include 7 women. . .) were sworn into Office on 11 March in the and the self (see Fordham, F. 1954. An introduction to Jung’s psychol-
Hague. . .’ ogy. Penguin. London. See page 28 for definitions).

Copyright  2007 JohnWiley & Sons, Ltd. Syst. Res. 24, 37^58 (2007)
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40 J. J. McIntyre
Syst. Res. RESEARCH PAPER

tism to idealism is not difficult once we power, is ordered on the principles of division and/or
appreciate ‘the boomerang affect’ (Beck, 1992) sharing of competencies, with questions of overlap
and realize that democracy needs be reconsid- resolved pursuant to the notions of co-operation and
ered as being about human and environmental subsidiarity’’.
rights- not merely about citizenship and nation- Subsidiarity can be interpreted to mean
alism. increased decentralization in some contexts
and increased centralisation in others. Perhaps
to preserve human right. Centralized legislation
would be useful; provided scope is given to
EUROPEAN UNION MODEL OF diversity to the extent that it does not undermine
FEDERALISM the rights of others (irrespective of age, gender,
culture, religion) within the community as
Longo (2004: 216–217) argues that federalism as a enshrined in legislation. The challenge for
governance approach can play an important role subsidiarity is getting the balance right.15
in achieving integration of international law:
‘Federalism may be understood as a system of complex
and diffuse power centres with overlapping jurisdic-
tional responsibilities, rather than an hierarchical DIVERSITY AND SOCIAL JUSTICE:
structure of governance. This makes it suitable to the LESSONS FROM EXAMPLES
modern world of increased internationalization where
the traditional sovereignty of the nation state is being The National Economics State of the Regions
eroded. On this analysis the transnationals is just an Report (2002) benchmarks regions in Australia
additional level of political power and rule making against American regions and stresses the
which not only complements national and state correlations across creativity, diversity, democracy,
decision-making in a federal state but is also easily open communication and socio-economic well-being.
understood and accommodated in a federal structure. When Australian regions are benchmarked
Galligan’s characteristics of federalism as ‘a diffusion against regions in America and compared with
of power centres, echoing the sentiments of MacCor- regions in Europe (ALGA and National
mick, brings to light the potential of federal Economics, 2002, 2003), it is clear that Australian
organizations in the development of a post-sovereign regions lag behind in terms of education,
polity. MacCormick provides a thought provoking technology and talent/creativity, albeit not in
vision of post-sovereignty polity, by reference to the terms of so-called ‘tolerance’, measured in terms
EU of the future, featuring a variety of institutional of acceptance of diverse lifestyles and cultures, to
systems, which though a co-operative approach, use their terminology (ALGA and National
address the policy issues aggregated to the various Economics, 2002).
levels of authority. [T] hink of a world in which our
normative existence and our practical side are 15
Long defines subsidiarity as follows: ‘Subsidiarity is a constitutional,
anchored in or related to a variety of institutional distributive doctrine which, though somewhat opaque, appears to mandate
systems, each of which has validity or operation in community action only in those areas where common action by the Member
States would be more efficient than separate action. Elevated to a principle of
relation to some range of concern, none of which is general application under the Treaty on European Union (TEU) 1992, in
absolute over all the others, . . .all of which, for most practical terms the member states retain responsibility for areas which they are
capable of managing more effectively themselves: Commission communi-
purposes, can operate without serious mutual conflict cation on the Principle of Subsidiarity’’ (1992) 25 Bull EC 10, 116. (Long
in areas of overlap? If this is as possible practically as it 2004: 217).
Decisions are devolved to the level where they are to be implemented
clearly is conceptually, it would involve a diffusion of and the experiment will provide lessons for governance and inter-
political power centres as well as legal authorities. It national relations. According to (Peterson (2002: 1)): ‘Globalization and
Europeanizations need not lead to a weakening of democratic government.
would depend on a high degree of relatively willing co- Major, though as yet unexploited, opportunities exist for strengthening the
operation and a relatively low degree of coercion in its democratic aspects of international politics. The European Convention is an
experiment in constitutional engineering across borders. The convention
direct and naked forms (MacCormick, 1993)’ This combines the world of diplomacy with features from domestic democratic
vision featuring the diffusion of political and legal reform. There are mutual linkages. . .’

Copyright  2007 JohnWiley & Sons, Ltd. Syst. Res. 24, 37^58 (2007)
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Transnational Policy Making and Human Rights 41


RESEARCH PAPER Syst. Res.

‘Tolerance’ is a word used in the State of the ‘mind traps’16 of just seeing the world in terms of
Regions Report without any irony. It is also a one set of values. Although we may need to make
word used by Habermas (in Habermas et al., a decision one way or another, it is vital to be able
2003) and criticized by Derrida for being to think/appreciate multiple viewpoints and to
paternalistic, at best and at worst rooted in the ‘‘hold more than one idea in mind or more than
arrogance of the powerful who can and do decide one big idea simultaneously’’, to paraphrase
what and who should be tolerated and under Barry Jones in Sleepers Awake (1990). This is vital
what circumstances. for good risk management and it is the key point
Both Derrida and Habermas, however agree made by Habermas and Derrida (2003) in their
that dialogue is the way to improve thinking and conversation about thinking and its relevance to
to move closer towards creating shared truth preventing terrorism.
through dialogue. Without tolerance this is National Economic (2002) in their bench-
impossible. If we can expand tolerance to include marking of Australian regions against European
a sense of hospitality, so much the better, because and American regions found that mobile knowl-
it is based on the realization that we share an edge workers settle in desirable areas with
ecosystem and not just a bounded area. Beck environments that support a good quality of life
(1992) developed this argument, albeit he argued and diversity. The indicators for benchmarking
from the point of view of risk management, in the State of the Regions Report (2002)
rather than accountability in terms of social and addressed tolerance of diversity in terms of
environmental justice. culture and lifestyle, access to technology for
Derrida and Habermas discuss the importance networking, levels of education and the number
of communication and critical thinking for of patents. It was found that high levels of
democracy. They concentrate on discussing tolerance, talent and technology (to use their
two concepts, namely: tolerance and hospitality shorthand) and high levels of economic devel-
and their relevance for democracy with opment were closely related in a regression
Borradori (2003: 16–18, 72–74) in the wake of analysis.
September the 11th. Derrida avoids accepting From an analysis of the these reports it can be
the issue as a single event in time-namely concluded that areas with high levels of talent,
9/11 and stresses that drawing boundaries in technology and tolerance provide supportive
this discussion can lead to problematic con- environments for business and that creative,
clusions. Instead the globalized world is still mobile professionals are attracted to places that
experiencing the aftermath of the cold war and provide a lifestyle conducive to free thinking and
the ramifications of decisions made by super- open communication.
powers (Pilger, 2002; Chomsky, 2003). The message for governments, non-govern-
Habermas stresses that tolerance is not merely ment sector (both business and volunteer organ-
paternalistic and based on the powerful deciding izations) is clear-conceptual diversity thrives in
what is acceptable and what is not; who can and environments that are open to diversity. Don
cannot become citizens; who are excluded or Edgar (2001) takes this further and argues that
included by virtue of their age, nationality or diversity at the local level needs to be fostered.
culture. For Habermas argues that ideally within He stresses the risk of ‘tribalism’, the negative
the context of Western democracy the dialogue is aspect of decentralization. He does not mean it
at least two-way and that respectful dialogue and quite literally, albeit the potential for more
tolerance is the basis for developing law that is splinter groups to develop exists in Australia
enshrined in the democratic constitution. and elsewhere. This is a real danger in some
We need to be able to see the world through kinds of diversity, but one that must be faced by
multiple sets of lenses and understand the
implications for the way people think and act. 16
See Vickers, 1970. Freedom in a rocking boat in Flood and Romm
This ‘appreciation’ (in the sense used by Vickers, (1996) pages 128–129 for a discussion of this concept of mind traps
1983) can help us to avoid what Vickers calls being similar to being trapped in a lobster pot!

Copyright  2007 JohnWiley & Sons, Ltd. Syst. Res. 24, 37^58 (2007)
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42 J. J. McIntyre
Syst. Res. RESEARCH PAPER

all democracies. The challenge for democracy as CHALLENGES FOR PARTICIPATORY


far as Edgar (2001) is concerned is to provide DEMOCRACY
space to be different and for co-operation. These
are the drivers for a creative nation. The so-called From Ashby’s Law we can infer that good
‘bohemian’ and ‘cultural diversity index’ in the decision making and good governance can only
State of the Regions Reports by National be achieved if the sort of diversity amongst the
Economics (2002, 2003) is important in this decision makers matches the diversity of the
regard. His argument is borne out in the population.
extensive benchmarking exercise undertaken We need to address two central paradoxes,
for these reports. namely that:
The notion that market forces will solve all the
 Trust is a risk for people who make themselves
problems has been criticized in the State of the
vulnerable to others (Warren, 1999). But
Regions Report (2003). Participatory democracy
without trust that is developed through respect-
has been given the big tick, alongside the
ful communication (in the sense used by
importance of sustainable development. If
Habermas, 1984), democracy is unsustainable.
people are excluded and marginalized it leads
 Diversity is essential, but it also contains a
to low socio-economic outcomes and they are
threat, decisions have to be made to ensure
unable to move easily form areas of low
that democratic norms prevail.
development within a nation state. Governance
implications at the local level should be con- Pragmatic risk management based on appre-
sidered at the international level, from which ciating multiple viewpoints goes hand in hand
they are not isolated. with participatory design and democracy. One of
Managed diversity has been argued as being the greatest challenges for governance at the local
good for development. Good governance from level is to find ways to undertake better
the point of elected representatives, corporate communication.
governance (institutional governance) and citi- Hugh Stretton (2001) makes the point that any
zen representation needs to address the point of one model may make a contribution, but it cannot
view of multiple stakeholders. This requires an provide all the answers. Critical systemic think-
ability to communicate appropriately in a range ing is needed to unfold the values of the
of arenas. Nevertheless, the grass roots arena stakeholders and to sweep in the social, political,
remains important. People operate conceptually economic and environmental aspects (to use the
in a range of contexts and travel widely phrases from West Churchman’s work 1971,
geographically, but the majority still live in one 1979a,b, 1982). Open, not closed communication
place. The more mobile knowledge workers17 are is needed and appropriate communication tech-
those with wider options. niques for participatory design are needed
(Chambers, 1997; McIntyre-Mills, 2003). This
has implications for the way we govern and
design options for the future. One way com-
17
The mobile groups can live in higher density places and holiday munication undermines the potential of edu-
elsewhere (Stretton, 2001). It is important to have different density
options for different age groups and those with limited income. For
cation and of democracy (albeit always a
example young children and young families need space (Stretton, compromise at best) to pool ideas and to be
2001) and the argument that cost saving, in terms of saving for
infrastructure costs can be enhanced by high density living needs
accountable to citizens on the basis of dialogue,
to be approached carefully. The long-term implications for quality of which is by definition at least two-way com-
life need to be considered in terms of triple bottom line accounting. It is
important to note that the kinds of environments that the highest paid
munication.
knowledge workers and the super rich capitalists choose are unspoiled What could our policy and management
and unpolluted, green and leafy—or if the inner city life is chosen—
then regular breaks away are affordable (Stretton, 2001). He is scathing
decisions be like if we were able to hold in mind
about systems modellers who think that they can solve all the pro- multiple meanings drawn from international
blems. Insider knowledge is as important as outsider or expert knowl-
edge and openness remains essential at all times as a means to find out
relations, psychology, ethics, spirituality law,
whether ideas can stand up to testing. human rights, public policy, management

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Transnational Policy Making and Human Rights 43


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process and ecological, biological considerations and redressing the imbalances in wealth and
and cybernetics at the same moment? power caused by centuries of colonization,
No one mind could achieve this- but a hyperlink modernization and globalization that is based
mentality18 that is open to many others through on the single bottom line (see Elkington’s 1997
matrix teams engaged in experiential learning critique) of profits for competitiveness in mar-
and supported by data bases that facilitate kets, that support hegemony, rather than on a
knowledge making. Cross-fertilization and cross multiple dynamic awareness of socio-cultural,
referencing and the implications of many ideas political, economic and environmental factors
for decision making19 that is sensitive to both that when considered together support a sus-
ontology (by asking what is the nature of reality?) tainable future.
and epistemology (by asking how do we know
what we know?). Critical questioning could help
improve our ability to move in this direction. MINDFULNESS AND SUBSIDIARITY
Groups at the local level, networks, teams, and
social movements could strive to model the sort Knowing is based on a range of experiences,
of ongoing iterative dialogue that is vital for senses and on communication, so knowing is a
problem appreciation and contextual resolutions process. To know has transformative and recur-
by and for the stakeholders who will need to live sive relationship and is not merely about
with the decisions. representation, but about change. West Church-
The closest we can get to truth is through man’s work contributes to helping us to address
dialogue that explores paradoxes. Thus truth is a the above paradox by means of a number of tools
process, just as democracy is a process supported for better thinking and practice. West Church-
by social structures (according to Warren, 1999) man and Van Gigch (2003) and Midgley (2000)
that ought to strive for the ideal of ensuring make the link between knowing and caring,
‘frank and fearless’ participation, the so-called because the links between our identity as
mantra of the public service- that is currently researchers, practitioners and responsible human
being ignored in many Western democracies beings cannot be denied from a systemic
today. Dialogue helps to identify the paradoxes, approach.
which in turn provide portals for transformation. Governance is constructivist, not based on
The enlightenment and democracy need to be objective, external rationality, but instead an
seen not so much as a static universal law, but as a appreciation of the many domains of knowledge
dynamic structure and process for balancing the that can be addressed through an inquiring
eternal paradox that: system that takes the objective, the subjective and
the intersubjective into account when attempting
 On the one hand: openness to debate and to
to understand the nature of governance and
other ideas and possibilities is the basis for
international relations challenges. To know is a
both the enlightenment process of testing
process based on the senses, emotions and the
and for democracy and
contextual experience. It is not merely about
 On the other hand, for openness to occur there
representing reality ‘that is out there’. Knowing is
has to be some trust that voicing new ideas will
recursive and thus knowing (as a result of asking
not lead to subtle or overt marginalization of
questions or observing or participating) can lead
oneself or one’s associates. The West faces the
to our making changes in the world and to our
challenge of preserving this openness and trust
being changed in the process of knowing.
Knowing is a potentially transformative experi-
18
Drawing on a modified version of the knowledge management work ence. Knowing can transform our identity and
of Nonaka and Takeuchi (1995) and extending it by reading Gao, F.
and Nakamori, Y. 2001 and Gao, F. Li, M. Nakamori, Y. 2002 and
the identity of others. Knowing and conscious-
considering the work of Tsoukas (2003).
19
ness and will are systemically connected, but we
For example the cogniscope software of Aleco Christakis and Ken
Bausch (2001) based on the Interactive Management work of Warfield
can choose to deny these connections. Van Gigch
(see for example Christakis and Brahms, 2003). (2003: 235) draws on the work of Mitroff and

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44 J. J. McIntyre
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Churchman (199220) to develop a design of reality as it constructs us, within the limits of our
inquiring systems that enables a systemic con- power or position in society. Maruyama devel-
nection to be made across knowing and respon- oped a thesis that our social and cultural
sibility to act with compassion to others. The experiences and personality shape the way we
design of inquiring systems not merely to see the world and the way we attribute causality
enhance: in the world. Maruyama’s ideas could be
regarded as stereotypes as he linked mindscapes
 Theoretical and methodological literacy, but to
with cultural types. But if instead they are
assist
delinked from cultural types they can be used
 Understanding the nature of governance and
as critical heuristics for checking the way we
international relations concerns) drawing on
work with others and the processes for addres-
the work of West Churchman and many other
sing problems:
critical and systemic thinkers to provides a
Do we tend to explain things and address
means to support constructivist dialogue
challenges by:
across diverse stakeholders.
a) Reducing them to hierarchies and classifi-
Greenfield (2002) stresses that consciousness is cations
about connectivity across multiple neurons b) Recognizing diversity and working artisti-
within the highly plastic human brain. Con- cally, creatively and individualistically in
sciousness is emergent from the complex inter- rather a random manner
play of matter, body and brain within an c) Interacting with others to keep things the way
environment. It is a recursive experience that they are
no two people can experience in exactly the same d) Interacting with others in order to change the
way. We share much in common, but our world.
individuality and perceptions are a product of
personal experiences, life chances and our We need to be mindful that as we describe
personal emotions. others they are in the process of describing us!
Human consciousness is a continuum from Often our descriptions are projections of our own
compassionate caretakers who are mindful or shadows as Jung21 would remind us. Unfortu-
conscious of the many factors that are required nately the mutual projections can lead to
for sustainable governance to passionate funda- increased misunderstanding and increased
mentalists in west and east who are ruled by othering or hostility.
either religion or the market. Zealotry is a They argue that just as Occidentalism is a
symptomatic of emotive decision-making that caricature of Western identity, thinking and
takes into account only some connections and not practice, Orientalism is a caricature of Eastern
others. Critical and systemic thinking and identity, thinking and practice. Sadly these
practice are required for good international caricatures are the basis for current international
relations and governance. Thinking can relations, governance and public policy. We need
change practice and practice can and does to be able to do better than this if we are to
change thinking. Minds, metaphors and maps achieve sustainable social and environmental
(to use Bausch’s 2001 phrase) or mindscapes, to justice. How can we develop greater mindfulness
use Maruyama’s concept 1980) are connected in research, planning and practice and policy?
with personal experiences (Maruyama, 1980, (see McIntyre-Mills, 2004, 2006).
Greenfield, 2000, Bausch, 2001). Our life experi- The world comprises many different life
ences shape our thinking and are recursively chances and economies. The reality of the
linked (Giddens, 1991). We can construct our boundaries caused by lack of education, citizenship
20 21
Mitroff, I. and Churchman, C.W. 1992. A manifesto for the Systems Jung, C. J. 1972. Translated by Hull, R. Mandala symbolism from the
Sciences: Outrage over the State of Science. General Systems Bulletin. collected works of Jung. C.G. Bollingen Series. Princeton University
Vol. 22. 1. 7–10. Press.

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Transnational Policy Making and Human Rights 45


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and discrimination cannot be denied in a world knowledge management to address enhancing


where the global markets know few limits and connections. In fact the term suggests that
where information technology can empower the knowledge and information are the same and
literate, the numerate and those with access to that directing the flow of the right information for
electricity or at the very least access to mobile the task is the challenge. We need to acknowl-
phones. To talk of the ‘borderless information edge that many kinds of knowledge exist and
economy’ (Long, 2002) makes sense for some, for finding ways to communicate across knowledge
others it is still a dream. The challenge for good domains in the challenge. Habermas suggests
governance and international relations is not respectful communication is the way forward.
only to try to redress the divides between those Derrida suggests that not only do we need
who can access digital economy and those who respectful communication, in order to co-create
cannot. But to consider the challenge of different shared domains of understanding, we also need
ways of knowing, different ways of being and to accept that people will see things differently.
earning a living that are now presented simul- Spaces for conceptual difference need to be
taneously as options. respected to the extent that they do not under-
Conceptually information is not the same as mine the rights of others.
knowledge. As Baroness Susan Greenfield
(2004), thinker in residence, Adelaide, stressed,
the challenge is to work with difference and CONSCIOUSNESS, POWER, EMOTION
different ways of knowing in order to enhance AND REASON
governance. We also need to add international
relations. Making links across bits of data, The brain is not divided into compartments that
creating information and then to accept that can be allocated specific functions, one of which
information will be perceived differently can be called consciousness. Brain, mind and
because we are human is a useful starting point matter are interconnected. Mindfulness or con-
for good governance and good international sciousness is the connection across self, other and
relations. Different ways of knowing and the environment.
working towards shared knowledge can be ‘As the brain becomes more sophisticated, it appears
about finding ways to work with different to exploit instinct less and less and instead uses
domains. Habermas and Derrida (in Borradori, increasingly the results of individual experiences, of
2003) talk of the challenges of communicating learning. Hence individuality, I would argue, becomes
and making knowledge by thinking and practi- more evident: the balance starts to tip correspondingly
cing in ways that are underpinned by philoso- away from nature toward nurture—the effects of the
phical rigour. environment. It is this personalization of the brain,
For ordinary citizens it means learning to live crafted over the long years of childhood and
with difference and realizing the value of continuing to evolve throughout life, that might be
diversity. For public policy makers at the local, called a mind. . .my particular definition of mind will
national and international level it means learning be that it is the seating morass of cell circuitry that has
to think about thinking and translating this into been configured by personal experiences an is con-
practice. stantly being updated a we live out each moment’’
Unfortunately we need to do more than (Greenfield, 2002; 13).
respond to ‘the borderless nature of information’’ When we are able to think about our thinking
(Long, 2002: 8). Firstly borders do exist for and its implications we can do better governance
information flow—they are poverty and lack of and decision-making. Context is all-important to
literacy and numeracy and powerlessness. Sec- understanding, it needs to go beyond frame-
ondly information and knowledge cannot be works to unfold and sweep in a range of
conflated as Long suggests on page 7. The considerations.
boundedness of knowledge is an issue for What motivates or energizes us to act?
governance. It requires more than so-called Information that drives and restrains us comes

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46 J. J. McIntyre
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both from our emotions and our rational thinking us to ensure that we do not leave out areas that
and involves us as embodied social actors—a are relevant in an analysis. He stresses that the
series of systemic webs or feedbacks can be categories of ‘religion, politics, ethics and aes-
moderated by mindfulness or inflamed by thetics’, with a strong value basis are the
passion. Passion may be generated by fear or challenges that we face. They are our ‘enemies’,
desire or equally by rational thought about the but they are within every one of us, by virtue of
implications of greed and pollution. Compassion our humanity. We need to be aware of the
may also be generated by emotion and rational implications of assumptions on our ability to
thought. The notion that rational thought or think critically and rationally and avoid project-
emotions are primary is a false dichotomy based ing these perceptions onto others.
on binary thinking or Cartesian thinking (Buck Ulrich’s critical ‘unfolding’23 poses 12 ques-
1986). Greenfield argues that consciousness is a tions. He stresses that they should be asked in
continuum and that some animals do have terms of reality (an is question) and in terms of
personality and as a result of thinking and normative ideals (an ought question).
reacting they have individualized their brain Strategic questioning unfolds the implications
circuitry and made meanings of their world in a of particular theories and methodologies for
particular way. At a certain point in organic life a policy and practice. By asking what, how, why
degree of mindfulness or self-awareness is and in whose opinion critical thinking and better
created. policymaking can be assisted. Using a conceptual
Any framework of thinking or methodology tool kit can help to improve governance
we select should be in relation to an area of (McIntyre, 2004).24 The four compartments of
concern and iterative consideration of the the toolbox (with thanks and apologies to
implications for selection and application should Wadsworth, 2001: 420–432):
involve ‘unfolding’ (to use Churchman’s con-
1. Telescope for mapping the big picture,
cept) ‘the enemies within’ (as per Churchman)
overview, generalizations based on gender
and ‘sweeping in’ (op cit) the social, political,
statistics of life chances (e.g. level of education,
economic and environmental implications of
literacy and numeracy levels, employment
our choice. We can accept that diversity in
types, unemployment, infant mortality
thinking, conceptualization and methodology
rates, types of illnesses). Big picture (tele-
are as important to human understanding as
scopic/nomothetic) views are based on methods
biodiversity is to evolutionary potential. The
such as questionnaires that can gather the
closest we can get to truth is through dialogue
and the eternal return of the dialectic of thesis- 23
Ulrich, W. 1983. Critical heuristics of social planning: a new
antithesis and synthesis or self-other and the approach to practical philosophy, Wiley, New York. Please read
environment. chapter 5.
24
The tool kit comprises conceptual tools that are developed from the
most simple to more complex. Each tool builds on the previous one.
The tool kit is a resource to explore policy and management problem
solving.
CONCEPTUAL TOOLS ENHANCE  Entering the metatheoretical domain by means of (a) De Bono’s
thinking hats as an introduction to critical thinking, (b) Sociological
MINDFULNESS lenses for understanding assumptions and surfacing values.
 Bateson’s approach to working the boundaries.
 Insider and outsider values.
West Churchman’s ‘sweeping in’ approach22. C.West  Implications of assumptions for thinking and practice.
 The tetrad applied by McLuhan and Powers (1989).
Churchman (1979a,b, 1982) stressed the import-
 Churchman’s ‘sweeping in’ approach.
ance of considering the social, political, economic  Ulrich’s ‘critical unfolding’.

and environmental factors when undertaking an  Accountability and complexity thinking.


 Flood and Romm’s Triple Loop Learning: a liberative tool.
analysis. ‘Sweeping in’ a range of private,  Thinking about theory and methodology. Banathy’s maps of

personal and public, political factors can help ontology and epistemology.
 Comparison of approaches to thinking and practice based on closed
(Mode 1) and open (Mode 2 approaches) (Gibbons et al., 1994).
22  Dey’s complementary approach to number and meaning.
Churchman, West, C. 1979. The systems approach and its enemies, Basic
Books, New York.  Rich pictures.

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Transnational Policy Making and Human Rights 47


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same data from a statistically representative emotions and behaviour that constructs us
sample (Greenfield, 2000; 21–22). It is the context
2. Magnifying glass for giving in-depth, detailed and the meanings we construct that makes us
maps of perceptions by means of stories that who we are. This is our personality. Life is a
describe feelings to help us understand and continuum from inorganic matter to organic
interpret what these life chances mean to both matter. Consciousness is also part of that con-
men and women. In depth (microscopic/ideo- tinuum, according to Greenfield (2000): ‘. . . You
graphic) views are based on methods such cannot understand consciousness without under-
as: (a) observation and participant obser- standing emotion, and that consciousness is not
vation, (b) research conversation, (c) group purely rational or cognitive as some, particularly
work, (d) Delphi technique which involves those working in artificial, computational systems,
meeting groups separately and sharing the have implied. . .the more we are feeling emotional,
ideas generated by each group with the others the less we are accessing our individual minds, the
to find ways to work better together. less we are being ourselves; ultimately we have let
3. Compass for working within existing struc- ourselves go. . .’
tures of society that concentrate on mapping Policy makers and managers need to be
the labour of men and women of all ages so mindful that problems can be complex and that
that practical (or basic) needs of women to be they need to develop complex interconnected
able to access resources. governance responses across a range of areas if
4. Drill for bringing about change (including they are to make a real difference. We also need to
structural change) that address the strategic realize that we can project our perceptions onto
needs of women to have more control others. If Orientalism and Occidentalism (see
over their lives and examines why Buruma and Margalit, 2004) and Synthesis
they are in their current circumstances. Dril- (Greer, 2004) are seen as three lenses we could
ling Tools for bringing about change gain a greater understanding for the purpose of
through understanding policy, through good governance:

Orientalism Realization that these are projections and Occidentalism


that cultures are interactive and recursive

Fundamentalist Care for self- other and the environment Fundamentalist economy
religion
Collectivist will Both and thinking and practice Individualistic
Idealistic Balance between the collective and the Pragmatic
individual based on subsidiarity
External control Internal or community control

empowerment and understanding social Knowledge management based on the triple


relations and power. loop learning model of Flood and Romm (1996)
can help to develop contextual and grounded
Good decision-making is based on being as theory on leadership and good governance
conscious of ourselves, others and the environ- for better problems solving by asking what,
ment as possible. It is about being mindful that why and how questions that focus on task,
we are human beings made up of body, mind process and rationale. Triple loop learning
and brain. We operate within a context and it is provides a useful tool for choosing appropriate
the context in interaction with our thinking, frameworks for specific contextual problems

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48 J. J. McIntyre
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and it takes into account the three domains could be asked to consider their expectations of
of knowledge identified by Habermas (1984), social justice in Australia in comparison with
namely the technical, the strategic and communi- other places in the world. The class could then be
cation domains. Jackson (2000: 42) provides asked to compare and contrast the frameworks of
a useful framework for working with re- citizenship, including the viewpoints of overseas
search approaches. These are functionalist, in- students and Indigenous students. This is Level 3
terpretive, emancipatory and postmodern. The learning.
table is useful not only because it addresses the Insider and outsider values25 can be better
key features of each approach as they relate understood by shifting towards an attempt at
(indirectly) to the three domains of knowledge, what Bateson called Level 3 learning. Following
but because it recognises that each is a metaphor Bateson (1972) the following distinctions are
and has a particular communication style, mood, important for us as recursive practitioners or
hope and fear. Emotions are recognised as systemic problem solvers: Level 1 Learning is
being central to research. The challenge is to simplistic or rote learning which means thinking
match the approach to the perceived problem and working critically only within one frame-
and to try to undertake PAR that can help to work. Level 2 Learning involves being able to
bring about change or emergence. This requires think about or reflect on a framework and
an ability to work contextually with stakeholders Level 3 Learning is holistic, interdisciplinary and
and to be practical about using theory and transcultural.
methodology for defining a problem and addres-
sing a problem.
Bateson (1972) identified learning at three
levels progressing from Level 1, a type of rote FROM COMPARTMENTALISING
learning to Level 2 at which people are able to THE SACRED AND PROFANE (SEE
apply frameworks to different contexts and DOUGLAS 1978 AND MIDGLEY 2000)
Level 3 at which people are able to compare and TO LIVING WITH LIMINALITY
contrast different frameworks. For instance: AND DIVERSITY
a schoolchild may learn about citizenship
rights and responsibilities in Australia in the Can participatory approaches enhance accoun-
following ways (see McIntyre-Mills, 2000:106, table transorganisational governance and service
McIntyre, 2004): The teacher hands out a list of delivery? Joined up governance to address
social rights and responsibilities and the children are complex, wicked problems that are unbounded,
asked to learn the list for a test at the end of the week. ambiguous in terms of the way they are
No discussion of the ‘fact sheet’ is invited. This is perceived by different stakeholders (Rittle and
learning at the lowest level. Alternatively the same Webber, 1973) needs a paradigm shift in thinking
set of children may be asked to consider the list of and has enormous implications for practice
social rights and responsibilities and to ask their (research, management and organisational struc-
parents and grandparents how this list had changed tures). It has implications for the way we define
during their lifetime because of the changing social, problems.
political and economic context. The children are The premise on which this approach to
asked to record what is said about the list, report to governance is based is that openess to many
the class and then write an essay once they had heard ideas is essential for addressing complex pro-
the responses from all their classmates. This is blems. Also the complementary approach to
learning at Level 2, because the framework of current combining qualitative and quantitative methods
citizenship rights and responsibilities is compared is a sensible response to answering different
across time and across a number of stakeholders. questions (Midgley, 2000).
Another way of learning would be to ask the children
what it means to be a citizen and what they consider 25
Fine, M. 1994. ‘‘Working the hyphens’’, in Qualitative Handbook, Sage,
to be social rights and responsibilities. The class London.

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SYSTEMIC APPROACHES TO APPRECIATE integrated solutions. As a bridge from the


AND ADDRESS COMPLEX PROBLEMS known to the unknown respectful conversations
(Habermas, 1984) can be very helpful.

Characteristics of a governance approach

Assumption What, why and how questions can be answered through dialogue that takes into account the
knowledge of many participants. The necessity to become strategic knowledge workers
Arenas Multiple
Computing soft ware exists that can be adapted to meet the specific need to integrate thinking
and practice
Task Manage and deliver services across sectors and disciplines that focus on social, political,
economic and environmental factors
Process Working with, rather than within the boundaries of any one discipline.
Participatory design using open-ended communication.
Matrix teamwork that is issue based, rather than geographically based or topic based
Rationale Tacit knowledge and explicit knowledge of users and service providers need to be managed
more effectively

All people face the challenge of wanting to be The research note by Ackoff and Strumpfer
individuals and wanting to be part of a wider (2003) on a systemic view on terrorism stresses
group, as Peter Berger (1976, 1977) has argued in the need for democracy to ensure that develop-
his work. This is a central paradox of life and part ment enhances the life chances as indicated by
of the tension that drives changes. Communi- socio-economic indicators, not by using top
cation is vital to address the paradoxes and to down approaches, but by enabling people to
create the linkages across the divides within develop and make their own designs in their own
oneself, with others and with the environment. way for their own people, based on the idea that
West Churchman’s (1979 a,b and 1982) dialectical individual and group freedom should never
tool of ‘unfolding’ meanings and ‘sweeping in’ impinge on the freedom of other individuals and
considerations is very important for this reason. groups. He stresses that diversity is important
It helps to address what Capra (1992 citing and that it should be fostered, but never at the
Arthur Koestler) calls the Janus nature of expense of others. This is both a utilitarian and
systems. It is not only looking at the yin and idealistic in its dimensions.
yang and the potential for change as in the I Decisions are about boundary making and they
Ching Taoism workbook for meditation, it is also should always be open to revision (Churchman,
about communication that can enable problems 1982). The capacity building we need today is to
to be defined and addressed in such a way that think in terms of systems not in terms of
self-other-environmental emergence is possible. compartments. It is comforting to imagine that a
The unfolding and sweeping in process involves problem can be seen as hermetically sealed off,
exploring paradoxes and making decisions that once it is defined. But the boundaries that we draw
will shape ourselves and our future, in iterative around the problem may be quite misplaced. We
cycles. may have limited information and understanding
The ‘tools’ for good governance (McIntyre, as a result of our training, values and life
2004) are communication, action learning experience. Better problem solving is only possible
and participatory action research (as observation when we can build the capacity of people to think
and intervention) based on critical systemic praxis and practice in a different and collaborative way.
that helps to heal the divides across self, other and Capacity building involves shifting from
the environment. Learning to use conceptual tools thinking and working in mode 1 to mode 2.
can help to enhance policy and practice that works Authority and knowledge is shared and
with, rather than within boundaries to achieve systemic, not linear according to Ackoff (op cit):

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50 J. J. McIntyre
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‘Everyone who is directly affected by a decision can agendas. Participatory involvement is managed
participate in making it either directly or indirectly and then used as justification for policy decisions.
through representatives they select’’. . . Advocates are In a world where hatred is potentially as
required in some instances, but space should be made prevalent today as it was during the Crusades,
for the view of all irrespective of age and ability we need to move beyond the primitive mindsets
(physical/mental). Every decision-making body can do of conflict based on dualisms of self/other, right/
whatever it wants provides it does not affect any other wrong and engage in listening, understanding
individual or group. If what it wants to do can have and providing space for difference, provided it
such an effect, then approval of those affected must be does not lead to limit the freedoms of other
obtained before it can be done. Anyone in a position of people. As Ackoff argued (2003: 286–289) demo-
authority over others in a decision-making body is cracy could make space for difference that is
subject to the collective authority of the others. That based on fundamentalist ideas, provided the
is authority is circular, not linear, flowing up ideas are not expressed in ‘extrovert’ forms of
collectively as well as down individually.’’ (2003: 293) fundamentalism that can lead to violence.
Participation does not of course necessarily lead Leadership is needed to shift thinking and practice
to more complete or empathic narratives. As Cooke to enable space for understanding and better problem
and Korthari (2001) cogently argue participation can solving. Leadership is needed to help people make
be used quite cynically to involve people in decision- the connections across respect for self, other and the
making that is steered by those with specific environment and governance in terms of:

Task
Learning from praxis case studies that address problems by co-creating designs for the future
Designing and achieving community education agendas for conscious design for the future
Preserving spaces for difference and liminality
Creating networks for governance in order to work in transorganisational, transdisciplinary manner in order
to do boundary work
Solving problems in partnership with the public, private and community sectors within the local,
national and international context
Creating solutions for a sustainable peaceful future is the challenge
Understanding the domains of knowledge and to the relevance of diversity for creativity
Participants
Global Citizens versus nationals/non-citizens. This divide needs to be explored given the internationalisation
of governance and the international implications of war, markets and pollution
Process
 Sharing information in generative communication processes
 Continuous and iterative knowledge management in diverse, open and responsive teams
Co-creating solutions through respectful listening and sharing open conversations that share tacit knowledge
and professional knowledge and create new contextual responses
Knowledge management in hyper-linked and multisemic (McCLung Lee, 1988) conceptual teams.
Research the context ensuring that (a) qualitative meanings and multiple dimensions of interest groups are
taken into account by means of open discussion forums where brainstorming and heartstorming ideas can
take place (see Banathy, 1996). (b) Quantitative measures of for example social, economic and environmental
considerations need to be considered
Rationale
Closed communication in hermetically sealed organizations is no longer useful in a complex world
Problems do not ‘sit’ in convenient boxes, they are messy and they straddle many domains. Hence problem
solving and leadership needs to be open and creative. Compartmentalised approaches based on disciplinary
specialisations and organisational silos is not relevant
Each human being is a contributer to leadership and designing the future.
It extends the boundaries of governance from an organisational and disciplinary context to national and
international contexts
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TRANSCENDANCE THROUGH BOTH governance and international relations through


MINDFULNESS AND RESPECTFUL working and reworking the boundaries, both
COMMUNICATION conceptual and geographical across:
1. Community governance
We need to move from Cartesian26 praxis to
2. Third Way governance partnerships across
stochastic praxis (Bausch, 2001) and then Gaia
public, private and volunteer sectors and
praxis using ‘unfolding and sweeping in’
developing community involvement.
(Churchman, 1979a, b) and triple loop learning
3. Corporate governance
(Flood and Romm, 1996) communication
4. Federal European Union models for regional
processes.
and international governance.
The closest we can get to truth is through
dialogue (McIntyre-Mills, 2000). As Habermas I stress that diversity and creativity is fostered
(1984) stressed it is the way we communicate that to the extent that it does not undermine the
needs attention. Flood and Romm (1996) and diversity of others. The central argument is that
Jackson (2000) stress that it is through asking those at the receiving end of a decision need to be
questions that we develop and extend human part of the process. 1–4 are all interconnected and
knowledge within context. complementary.
To sum up: critical systemic thinking and British Third Way approaches pertain to
practice is about working with knowledge, rather citizenship rights. This means finding a way
than within knowledge areas. It is characterized that is in between complete reliance on the state
by: complementarism, in the sense used by and complete reliance on the individual to
Jackson (2000), co-creation, (in the sense used address needs at the national level such as
by Reason 2002), emancipation (in the sense used challenges of health, education and employment.
by Freire and Jackson), critical reflection, This model emphasizes democratic solutions
‘systemic sweeping in’ (see Churchman, 1982, within the boundaries of the state. European
Ulrich, 1983, 2001) and commitment to the federalism for the European Union emphasizes a
enlightenment approach to rationalism and balance between local and wider governance
humanism. But it is mindful of the contributions (national and international complementarity).
of Foucault to the development of a new It potentially incorporates United Nations
modernism and the work of Jackson (1991, policy and human rights. This model expands
2000) in applying critical thinking to governance to the regional and international
management. context.
A conceptual tool kit27can help to assess the extent
to which a problem has been appreciated systemically.
The central argument is the need for better communi-
cation- not just as a means to an end, namely greater RESCUING THE ENLIGHTENMENT
representation of people and better representation of FROM ITSELF!
ideas, but also because communication is the very
essence of life. ‘When one is forced by argumentation to consider
In a forthcoming publication (McIntyre, 2005) I and respond to alternative perspectives, then one
attempt to develop a model of sustainable gains the resources to break with the limits of one’s
past and to embrace new possibilities. Enlarging one’s
26
perspective may help participants find shared
Descartes, R. 1596–1650. A discourse on method: meditations
and principles in Veitch, J. translator.
interests, discover new interests, or reprioritize their
27
McIntyre, J. 2004. Facilitating Critical Systemic Praxis (CSP) by own in ways more consistent with others. . .’
means of experiential learning and conceptual tools. This toolkit is
expanded in Working and Reworking the conceptual and
(Warren, 1999: 340).
Geographical boundaries of international relations and governance It is argued that democratic Governance is
(McIntyre-Mills forthcoming) to include tools to address orientalism
and Occidentalism as well as other projections that undermine good
‘stitching together’ a ‘patchwork’ of positions
governance and international relations. and realizing the value of different ideas (Edgar,

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52 J. J. McIntyre
Syst. Res. RESEARCH PAPER

2001). It addresses fixed and fluid identity and


politics. The argument is summarized below:

Democratic Governance is ‘stitching together’ a ‘patchwork’ of positions (Edgar, 2001) and realizing the value
of different ideas (See Bogue, 1989 and Elias and Lichterman, 2004)

Molar—fixed Transformation Molecular—open


identity and politics identity and politics
Focus is on the Works the hyphens
emic—insider of self and other

Bonds How people Emphasis on shared Respectful Social movements


communicate-Process local language and communication using language that
culture Participatory is inclusive-use of
democracy that the Internet and
models access to digital
communication to communication
heal the divides

Boundaries Why people draw Self determination Will to communicate Concern for sustainable
lines-Rationale Achievement of rights based on shared futures defined in terms
values. of multiple social,
Understanding that cultural, political,
idealism of triple or economic and
multiple bottom line environmental factors.
accounting and
pragmatism of
sustainability are one

Norms What people are Cultural norms that Policy and legal Laws and policy that
required to do address group identity environment that support social and
within a context supports participatory environmental justice
democracy

The shift in governance needs to be from (a)  How do processes support bonds of association
hubris paradigms, based on assumed pro- and friendship? Do these processes allow for
fessional expertise, and divisions across self- openness or closure?
other and the environment to (b) appreciation of  Why are boundaries drawn in particular con-
the whole, through respectful and sincere texts?
communication is the challenge.  Who benefits from being included or
Questions for addressing (molar) fixed and excluded?
molecular (fluid) politics and identity are posed:
The basic questions need to be considered
They address cultural norms, bonds and bound-
in iterative cycles as suggested by Ulrich (1984),
aries (Elias and Lichterman, 2003) guide my
Flood and Romm (1996). Norms, processes
reflection on the case studies that strive to achieve
and boundaries can have positive and
accountability:
negative implications for some stakeholders,
 What norms do interest group members hold depending on the context. I argue that there is
that allow for separate and shared identities? space for both molar (fixed) identity and

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Transnational Policy Making and Human Rights 53


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politics and molecular (fluid) identity appreciating a multiplicity of factors, not least
and politics (drawing on Deleuze and Guattari of which are emotions and power.
in Bogue, 1989; Buchanan and Colebrook, 2000).
Molar and Molecular form a continuum ACCOUNTABILITY AND COMPLEXITY
for democracy and that the shift occurs THINKING
for many reasons, sometimes when sufficient
trust exists for transformation, but also We need to see ourselves through the eyes of a
when people realize that there is no other range of diverse stakeholders. Hyper linked with
way. Transformation is about context and the clustering of interaction can be mapped

Figure 1. Diagram Mandala for accountable thinking and practice. Source: McIntyre-Mills (2000, p. 37, adapted from
Hancock & Perkins, Dept. of Public Health, City of Toronto, Canada)

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54 J. J. McIntyre
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shared discourses or shared sets of arguments, be able to redress the archetypal shadow within
based on common values or interests. We can that we cast onto others. The systemic connec-
also locate the points of communication break- tions across thinking and practice and the way
down and map why this has occurred in terms of we construct ourselves and others need to be
the arguments of a range of stakeholders. We given more attention in public policy, inter-
need to consider not only the social, political, national relations and systemic governance.
economic and environmental context, but also Sustainable transformation (Capra, 1952, 1996;
that we work at the level of the individual, the Capra et al. 1992) is only possible when policy
level of the organisation, the community, the decisions are taken by those who are to be at the
nation and in terms of the international context. receiving end of the decisions.
At each level and within each level knowledge
narratives will be diverse. Furthermore, we need
to consider the implications of rights and Checklist for working the boundaries of IR
responsibilities for action and sustaining action. (adapted from Ulrich’s is/ought framework 1983,
Conceptual diagrams can help us to think about 2001)
the complexity of each situation (Figure 1). Who currently is/ought to get what, when, why, how
We need to work across disciplines and sectors and to what affect? Have we considered the following
and realize that working with, rather than within variables:
knowledge areas. The mandala is a metaphor for 1. Socio-demographic—age, gender, language/
culture/disability.
the endless process of the dialectic that ‘sweeps
2. Spatial: micro/macro.
in’ and ‘unfolds issues’. It is argued that this is 3. Time: past/present/future.
the essence of a systemic approach. Knowledge 4. Conceptual: values of diverse groups.
narratives can be explained in terms of multi- 5. Arenas for strategic action: state, market,
layered or multidimensional maps that make up community, networks, and household.
a mandala or whole.

CONCLUSION
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