Strengthening the Rule of Law and Good Governance amid COVID-19 Pandemic in the Global South

Abstract

Disproportionate curtailment measures against the COVID-19 pandemic alongside compulsory vaccination (in the midst of rumours and conspiracy theories) have contributed to vaccination hesitancy, data and surveillance monitoring without due regard to civil and political rights. The absence of due regard to these rights by governments, undermine the observance of rule of law and good governance. Consequently, there have been sweeping implications on public order and security, disruption of electoral process and the right to dignity through torture and unlawful use of force. Socio-economic rights violations, relaxation of public procurement mechanisms, lack of capacity to deliver essential services, disinformation, perversion of justice, and gender-based violence have also overwhelmed the entire global health care system. The paper assesses curtailment measures against COVID-19 pandemic and its impact on rule of law and good governance in the Global South towards a better COVID-19 stimulus and recovery packages. It adopts doctrinal research method by relying on relevant statutes, international instruments, judicial decisions and literature. It finds that the discriminatory, inequitable curtailment measures and insufficient governmental social protections and economic supports, constitute “multiplier threat” that produces structural violence against vulnerable, marginalised communities and foreign nationals. The pandemic has created scientific uncertainty that necessitates global solidarity and scientific precautionary measures through digital and telemedicine leading to important health management. The paper calls for international democracy support for electoral reforms and United Nations oversight mechanisms for rule of law and good governance to promote transparency and accountability in the management of COVID-19 pandemic.