Democratization in Africa African Views, African Voices (1992) / Chapter Skim
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Institutions Needed to Sustain Democracy
Institutions Needed to Sustain Democracy
Pages 46-59
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From page 46... ...
Developing and sustaining democratic institutions in African countries with the assistance of donors should receive special attention, since the inability of these institutions to implement policies to ensure development has been an impediment to democracy. For example, donor countries maintain that political stagnation, repression, and corruption in Africa now constitute the greatest obstacles to badly needed outside investment and significant economic growth.
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From page 47... ...
Effective institutions to sustain democracy are needed in Africa given the failure of formally organized structures, most of which were inherited from the colonial period. The workshop participants discussed political and other institutions that in most cases symbolize a commitment to democracy, such as separation of powers, an independent press, electoral systems, civil
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From page 48... ...
Just as many precolonial African societies shared unwritten rules regarding tyranny, a practice of limited government could be identified in few postindependence African countries, although it failed in many. Participants devoted much discussion to why constitutionalism had failed.
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From page 49... ...
One participant noted that the "alien character of new constitutions posed problems of acceptability, which were compounded by unpropitious conditions and the inheritance of the colonial state." As the constitution became the center of controversy in African states, "it was not long before the freedoms and rights in the constitution were eroded by the state." A participant with legal experience observed that constitutions in the postcolonial period "have been in the desk drawers, having been honored more in breach than in observance," and cited a number of the commonly circulated justifications for the failure of constitutionalism in Africa. "The notion that, in the past, decisions were arrived at by consensus; the fact that African leaders were chosen by heredity or emerged through proven leadership, were obeyed, and were rarely removed; the idea that individuals are more concerned with their daily bread than with constitutional rights; that issues of hunger, famine, health, roads, etc., were the real priorities these arguments do not tell the whole story and are sad echoes of the ideas advanced by the colonists at the end of the colonial period." Then turning to the notion that "constitutions are inspired by imported, alien Western principles," the same participant noted a double standard to the argument, pointing out that "the arguments made by Africans rejecting constitutionalism were similar to the arguments they advanced justifying the adoption of LSoviet-style]
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From page 50... ...
These are the conditions in which, by organizing the state, one is allowed the freedoms of association, assembly, religion, economy, and so on." In the Namibia workshop, a minimum of guarantees was identified to ensure that democracy would be upheld by the constitution. They included a bill of rights, limited tenure in government office, regular elections and the power of impeachment, protection for various groups (including ethnic groups, parties, unions, etc.)
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From page 51... ...
In the Benin workshop, one participant pointed out that a great challenge for constitution writers and founders today in Africa is to make decisions about elections and representation. He advocated a careful examination of the "different devices of elections- such as proportional representation, single-member districts, electoral colleges, proportional representation with preferential voting, and primaries the sorts of devices that have been used in the past in other societies, as well as the relationship between those devices and the establishment of democracy in a fashion that is more likely to be sustained than if other systems are used." The participants in the Namibia workshop were of the opinion that the implementation of constitutional provisions would require demystification of the constitution through its wide dissemination and through civic education; a neutral, highly motivated, and effectively decentralized civil service; a strengthened legislature with its own trained staff, institutional memory, and adequate facilities; an independent judiciary; a free press; and a reconstituted military, which is discussed below.
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From page 52... ...
One participant, however, cautioned that there must be a concomitant democratization of political parties. In order to ensure the independence of the judiciary, participants indicated that independent commissions could be established to appoint judges in each African country.
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From page 53... ...
has interfered in political life." One illustration was that because the military in Sierra Leone enjoys special privileges, such as buying goods at heavily subsidized prices, they would be likely to resist strongly if the economy is liberalized and their budget is slashed. For these reasons, participants in the Namibia workshop advocated confronting the military with great caution and in a gradual manner.
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From page 54... ...
In Niger, because the military possesses the necessary human and material resources, it is likely to be building roads through currently impassable areas, constructing schools, and assisting with other productive activities that benefit the society as a whole. Another participant reminded the group in Benin that "the Egyptian army, with all its shortcomings, has one of the best contracting engineering corps, which makes not only roads in Egypt, but bids for contracts elsewhere, producing some of the finest roads and houses around.
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From page 55... ...
In the Namibia meeting, after a particularly intense and thought-provoking small working group, a concrete suggestion was proposed to the plenary session that "a phased reduction of the military should be undertaken, tied to a fixed-level percentage of the gross domestic product, with a phased redeployment for national service, such as public works projects." This sentiment, although expressed somewhat differently, was offered by a participant in the earlier workshop in Ethiopia, who asked, "Could we not also aim to limit the armed forces in the constitution, with any necessary expansion being subject to a popular referendum? " A few other novel suggestions included creating an African high command to counter military excesses as they occur in individual countries and revisiting the concept that only presidents appoint personnel to important military posts.
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From page 56... ...
Nevertheless, others felt that individuals could press their governments to allow independent institutions to emerge by carefully examining the international treaty obligations undertaken by their particular countries. One commented: "Under international law, the UN human rights covenants, and the African Charter on Human and Peoples Rights, African governments are obliged to create institutions that are dedicated to the promotion of democratic principles and human rights, to encourage those that already have been established, and [to enable]
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From page 57... ...
Essentially, we are organizing national, state, and local elections, dividing the country into senatorial districts and federal constituencies and articulating the guidelines for the establishment of political parties." There was a clear understanding that the role of independent electoral commissions would be to register voters, organize and supervise elections, and monitor and evaluate electoral results. One participant commented: "Things have to be quite clear as far as ensuring a proper situation during a vote.
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From page 58... ...
Others thought that computers, modems, and electronic mail, which are appearing increasingly throughout Africa, could provide a sufficient level of infrastructure to facilitate communication among the constituent groups of the future transnational center. A number of participants in the Ethiopia workshop advocated seeking external assistance for a transnational center, declaring it "imperative that domestic organizations be helped materially and be assisted in creating a network at the pan-African level." Still other participants cautioned that there is no particular formula to guarantee that domestic human rights and prodemocracy groups will emerge and necessarily hook up with a transnational center.
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From page 59... ...
Accordingly, one readily identifiable fear among participants in the three workshops was that Africa's unfavorable economic conditions might limit opportunities for sustaining democracy. One participant asked, "Can one be sure in newly democratic states that the citizenry will continue to support a civilian government undertaking painful reforms without external economic assistance?
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