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Challenges
of democratic transition in Africa
Femi Falana, Pambazuka News
May 15, 2008
http://www.pambazuka.org/en/category/features/48136
The challenges
confronting Africa's democratic experiments are many and complex
and include entrenching constitutionalism and the reconstruction
of the postcolonial state, writes Femi Falana. To move Africa forward,
emerging democratic governments would have to confront a legacy
of poverty, illiteracy, militarization, and underdevelopment produced
by incompetent or corrupt governments.
After several decades of colonialism, Zimbabwe became independent
in 1980. Having regard to the progressive antecedent of the leaders
of the liberation movement expectations were high that the country
would witness rapid socio-economic transformation and political
stability. Instead of facing the challenge of the development, President
Robert Mugabe turned the country into a one party state. Human rights
were suppressed whilst some of the colonial laws were refurbished
and applied with ferocity. Many opposition figures were either jailed
or driven to exile.
Farmlands, which had
been illegally acquired under colonial rule, were violently seized
by war veterans at the instance of the government when the national
parliament controlled by the ZANU-PF could have promoted land redistribution
through legislation. The mismanagement of the economy has led to
the unemployment, poverty, deprivations and general dislocation,
which has virtually brought the country to her, kneels. The silence
of African leaders and connivance of the South African regime led
the opposition to turn to the West. Ironically, Mugabe-s anti-imperialist
rhetoric, in the circumstances, won him sympathy in many African
countries. This development has divided government and even civil
society groups with respect to taking a united stand against the
misrule of President Mugabe.
Recent experiences from
Kenya and Zimbabwe illustrate the difficult and daunting task of
consolidating democracy on the continent. Available evidence indicates
that many of the new democratic regimes remain fragile and some
of the euphoria of the early 1990s had evaporated. By the beginning
of the twenty-first century, the authoritarianism and statism of
the early post-independence years was in retreat, and, where it
persisted, was vigorously contested in a context in which democratic
aspirations were firmly implanted in popular consciousness and the
pluralization of associational life was an integral part of the
political landscape. It was indeed a mark of the changed times that,
whereas previously development had been regarded as a prerequisite
of democracy, now democracy is seen as indispensable for development.
The challenges confronting
Africa's democratic experiments are many and complex and include
entrenching constitutionalism and the reconstruction of the postcolonial
state; ensuring that the armed forces are permanently kept out of
politics, instituting structures for the effective management of
natural resources; promoting sustainable development and political
stability; nurturing effective leadership, and safeguarding human
rights and the rule of law.
In Africa, as elsewhere,
democratic government and respect for human rights are closely linked.
Democracy is the best means the world has produced to protect and
advance human rights, based on individual freedom and dignity. In
turn, respect for human rights is the only means by which a democracy
can sustain the individual freedom and dignity that enables it to
endure.
Despite some improvements
in some parts of the continent, Africa remains the site of very
serious human rights problems. For example, in the Sudan, the armed
conflict in Darfur continues and the dismal human rights situation
shows no signs of improvement. Both government and rebels commit
horrendous abuses. In Somalia, the civil war continues unabated
and the human rights situation goes on deteriorating; the civilian
population has been the ultimate victim, as recently reported by
Amnesty International. Only a handful of countries that hold the
regular multi-party elections in Africa are rated as free, and in
line with international and regional standards.
In addition, most of
the countries in Africa operate 'semi-authoritarian regimes-
because they have the facade of democracy; that is, they have political
systems, they have all the institutions of democratic political
systems, they have elected parliaments, and they hold regular elections.
They have nominally independent judiciaries. They have constitutions
that are by and large completely acceptable as democratic institutions--but
there are, at the same time, very serious problems in the functioning
of the democratic system.
Semi-authoritarian regimes
are very good at holding multi-party elections while at the same
time making sure that the core power of the government is never
going to be affected. In other words, they are going to hold elections,
but they are not--the regime is not going to lose those elections.
Semi-authoritarian regimes intimidate voters, as it happened in
the recent elections in Zimbabwe. Semi-authoritarian regimes manipulate
state institutions for self-ends—governments don-t respect
the laws, and don-t work through institutions. Semi-authoritarian
regimes amend constitutions anytime they want.
Semi-authoritarian regimes
will not introduce fully participatory, competitive elections that
may result in their loss of power, and some are even unsure of how
far they really want to go toward political pluralism in their countries.
African politics is generally speaking, a matter of personality,
not programs. For example, during the Obasanjo administration the
prevailing idea was that the president was the father of the nation,
the big man, or Kabiyesi, that is, no one dared question him.
A strong and effective
democratic process should be able to establish a functioning administrative
structure; and address the issue of how leaders are chosen; the
issue of how different institutions relate to each other; the issues
of how officials should act, for example, how the judiciary should
act, the independence of the judiciary from other branches of government,
and the problem of how the decisions that are taken by these democratic
institutions can be implemented.
To move Africa forward,
emerging democratic governments would have to confront a legacy
of poverty, illiteracy, militarization, and underdevelopment produced
by incompetent or corrupt governments. The syndrome of personal
dictatorships and the winner-take-all practice as we have in Zimbabwe
for example would need to be addressed, and there must be full respect
for human rights; constitutional government and the rule of law;
transparency in the wielding of power, and accountability of those
who exercise power.
The basic rule of the
democracy game is that the winners do not forever dislodge the losers.
It is important for the consolidation of democracy that losers believe
in the system and think that they can get back into the game. African
governments must create an enabling environment in which traditions
and values of the constitution will be able to take root and where
rights and duties are set out. In this process, the separation of
powers must be facilitated. Government must allow institutions to
work and must allow citizens to exercise their rights, to live in
accordance with their religious beliefs and cultural values, without
interference. The legal order must be based on human rights, societal
awareness of the instrumental and intrinsic values of democracy,
a competent state, and a culture of tolerance.
Democracy requires that
those who have authority use it for the public good; a democratic
system of government begins by recognizing that all members of society
are equal. People should have equal say and equal participation
in the affairs of government and decision making in society, because,
in the final analysis, government exists to serve the people; the
people do not exist to serve government. In other words, governments
must enhance individual rights and not stifle their existence. Repressive
laws on many African countries- statute books against personal
liberty and habeas corpus must be removed from the statute books.
In most African countries,
a tremendous amount of information does not circulate beyond a small
portion of the urban population, owing to illiteracy, language barriers,
and costs. Because the individual ignorance of personal rights and
understanding of what democracy means has encouraged authoritarianism
in Africa, political education at the grass roots is necessary.
If a genuine democracy is to become a reality in Africa, the participation
of the masses has to be sought by politicians, and not bought by
manipulators.
Politicians should try
to understand what the masses know, because they sometimes lack
the ability to articulate their interests and grievances. However,
politicians also should be educated about human rights and respect
for the constitution. Education is crucial to the development of
a culture of tolerance, which, it is hoped, would contribute immensely
to the creation of an enabling environment for democracy.
We must encourage citizens
to learn the habits of civil disobedience on a massive scale. We
must encourage people to go out and demonstrate, to show their opinion
regarding issues, because we must eliminate the culture of fear.
Role
of civil society
It
is unrealistic to expect that African countries will suddenly reverse
course without internal pressure from civil society groups and institutionalize
stable democratic government. The significance of a strong and energetic
civil society in the transition to democracy cannot be over-emphasised.
Perhaps one reason that Africa has not crumbled into total absolutism
is because civil society has managed to survive, providing a mode
of expression against authoritarianism, despite systematic efforts
by the state to destroy it.
It is incumbent
upon civil society to promote socialization by moving people away
from thinking about the state and encouraging them to think what
they want without fear. The public must fully participate in the
affairs of state, with the state protecting their rights to be recognized.
In this context, the value of the role of citizens and civil society
is to organize and articulate the interests of local communities
and the grass roots to the highest levels—even bringing about
the change of laws—by serving as effective pressure groups.
Many governments are not willing to create an enabling environment.
But by standing up, civil society organizations can insist and force
governments to create a space. We must keep the culture of resistance
alive and continue to question authoritarian rule especially on
the important issues of human rights, constitutionalism and rule
of law.
Political parties, human
rights organizations and other civil society groups should mobilize
the people to reject economic policies dictated to African governments
by the World Bank (WB) and the International Monetary Fund (IMF),
which have exacerbated poverty in Africa. The demand for participatory
democracy should not be limited to conduct of free and fair elections
only. It must also include the management of the economy in the
interest of the people, otherwise, the fragile democratic process
in bound to collapse.
With the pending elections
in Cote d-Ivoire, Ghana and Guinea, civil society organizations
in West Africa gathered in this forum should unite in sending a
clear message to the ECOWAS and AU that the subversion of democracy
under whatever guise. Following this meeting, our engagement should
be to immediately commence sensitization and mobilization of the
population against the manipulation of constitutions and electoral
laws, as well as the electoral process.
* Femi Falana
is President West African Bar Association
* This article
is based on a presentation at the West African Bar Association held
in Abuja, Nigeria, 13 May 2008.
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