CHALLENGES OF DEMOCRATIC TRANSITION IN AFRICA

Femi Falana

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

www.pambuka.org

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