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Coalition government's anathema to democracy
International Commission of Jurists (ICJ)
November 13, 2008

The International Commission of Jurists (ICJ) on 12 November 2008 deplored the emerging concept of coalition governments in Africa as anathema to democracy and the citizens' right to choose governments of their choice.

In his submissions to the 44th Ordinary Session of the African Commission on Human and People's Rights (ACHPR) underway in Abuja, Nigeria, ICJ Africa Director, Arnold Tsunga drew the Commission's attention to the poor human rights situation in Africa and the menace posed to democracy by coalition governments vis-à-vis the trampling of basic freedoms of expression, free media, association and assembly during election campaigns. The judiciary, Tsunga said, was also compromised in playing an independent role during elections because it has been emasculated.

The Geneva-based ICJ which seeks to implement international law and principles that advance human rights, noted that elections in Zimbabwe, Nigeria and Kenya had been marred by widespread violence, extensive procedural irregularities, lack of transparency and "substantial evidence" of fraud, voter disenfranchisement, partisan electoral bodies and intimidation and harassment of citizens, among other flaws.

"The ICJ submits that while the formation of a coalition government might be a necessary approach to save a nation from total anarchy, the concept is an anathema to democracy and particularly the fundamental right of citizens to freely choose their government," said Tsunga.

Urging the Commission to adopt a resolution on democracy and coalition governments and to insist on the full enfranchisement of the African people ahead of next year's elections in a number of African countries including South Africa, Tsunga said: "Elections held in an environment that suppresses the exercise of free choice by the electorate invariably lead to contested and discredited outcomes that threaten national cohesion."

A Zimbabwean government representative from the Ministry of Foreign Affairs attributed the delays in announcement of the March 2008 election results, and the date for the presidential run-off election, to logistical constraints.
Addressing the Commission during the slot on statements by state delegates, the Zimbabwean representative, Mr Nyakochwa said reports of the army and police assaulting citizens during elections were not 'entirely true' adding that allegations had been made and that investigations were being conducted.

On the exclusion of civic society organisations from the ongoing SADC mediation to resolve Zimbabwe's socio-economic and political crisis, he said it was a decision that had been made by the political parties themselves. He hoped that the Global Political Agreement signed by ZANU PF and the two MDC formations on 15 September 2008 would result in a solution to the political impasse in Zimbabwe.

Meanwhile, in its call for a resolution on democracy and coalition governments, the ICJ said the resolution should urge African governments to:

• Invest sufficient resources and institute electoral systems that facilitate the peoples of Africa to vote freely and determine their leaders.
• Respect and enforce the human rights articulated in regional instruments governing the conduct of elections including the 2002 OAU/AU Declaration on Principles Governing Democratic Elections in Africa, the Economic Community of West African States' (ECOWAS) Protocol on Democracy and Good Governance adopted in 2001, and the SADC Guidelines and Principles Governing the Conduct of Democratic Elections.
• Not allow the emerging trend of negotiated governments of unity to be an accepted method of determining national leadership and that where a coalition government is established, this should be a transitional measure to create an environment for reforms leading to credible elections.
• Ratify, domesticate and adhere to the African Charter on Democracy, Elections and Governance.
• Respect popular will, exhibit statesmanship and marshal the dignity to handover power to a new leadership in the event of electoral defeat.

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