Challenges to the rule of law (Pambazuka)
Due to the legacy of authoritarian regimes, the Global South is
facing a challenge in establishing the Rule of Law. But what raises
concerns is that there is a trend toward disregarding pillars of the
Rule of Law such as the Constitution or free and fair elections by
those who currently rule their respective countries soon after being
democratically elected.
Instead of being implemented, the Rule of Law moves one step forward
and two steps back, holding back society through anti-democratic
practices such as electoral fraud, the violation or the review of the
Constitution by the democratic elected leaders.
1. ELECTORAL FRAUD
Change of governments and those in poweris one of the
characteristics of democracy and this has to be done through free and
fair elections.
With different authoritarian regimes, the Global South witnessed
several so-called presidential elections with either a single candidate
or many candidates without any chance of winning. An example is Chad
where in the 2006 presidential elections; the president was re-elected
with ninety nine percent. In Zaire(currently DRC) during Mobutu’s time
or in Togo where as the world watched, a military government adopted
the façade of democracy. There is the other kind of electoral fraud
such as presidential elections in Zimbabwe.
But, if the mass frauds during these elections are organised by
those who originally came into power by an anti -democratic way (coup,
rebellion, revolution) and try to maintain themselves in power through
so-called elections, the Global South faces a new challenge where the
democratically elected leaders who once in power do not hesitate to use
any illegal practice in order to win elections. The leading maxim seems
to be “As I am now here it is forever.”
In this regard. The recent Kenyan crisis is a loud example of the
attempt to hold back the Rule of Law by a democratic elected leader.
Indeed Kenya was deeply affected by a bloody crisis that left more
than one thousand killed and thousands displaced, churches, shops and
houses burned, all caused of an electoral coup by president Mwai Kibaki
who came in power in 2002 after democratic elections that ended the
long authoritarian regime started with Jomo Kenyatta in 1963 and
continued by Daniel Arap Moi in 1978. These last elections took Kenya
five years.
2. THE VIOLATION OR REVIEW OF THE CONSTITUTION
As it is well known, in the authoritarian regime, the leader designs the Constitution to meet his political needs.
Unfortunately this practice is becoming more and more prelevant
amongst leaders who were democratically. Indeed, in the Global South,
the Constitution, one of the pillars of the Rule of Law is coveted by
those who have the duty to protect it.
In this regard, last February 2008 the Global South witnessed the
violation of the Constitution by the Congolese president democratically
elected Joseph Kabila and the prime minister Antoine Gizega who
appointed magistrates in violation of the Congolese Constitution .
But the threat is also found in the review of the Constitution which
aims to increase the power of the Head of the State or to allow him to
remain in power through unlimited terms.
Furthermore, there is currently an attempt to review the
Constitution by the dictator of Cameroon Paul Biya the one who has been
in power since 1984. The review aims to allow him to be candidate in
the next lections. Let us hope he will not succeed. Indeed, despite the
fact Biya’s authoritarianism, the people of Cameroon are offering a
real opposition to the review of the Constitution.
But the attempt to change the Constitution is not only made by the
authoritarian leaders such as Paul Biya in Cameroon, but also by those
democratically elected in their respective countries. The review of
Constitution was attempted in Nigeria by the now former president
Olusegun Obasanjo who tried through Parliament to review the provision
limiting the number of terms a president may serve. He failed because
the majority in Parliament voted against the amendment.
In addition, the same attempt was made by the current president of
Venezuela Hugo Chavez. But contrary to the Nigerian president the
president of Venezuela tried to increase his power through a
referendum, but still fortunately – he failed.
CONCLUSION
The establishment of the Rule of Law is one of major challenges in
the Global South. Unfortunately, while people are focused on achieving
this noble objective, others are working to hold back the process.
Therefore, there is a need for the Civil society as a whole to
intesify its watch dog role vis-à-vis not only where the Rule of Law
still has to be established but also where it has already been
established. Indeed, today the Rule of Law is threatened in the DRC,
Kenya, Venezuela and Nigeria. Tomorrow may be under threat in other
countries.
As the Global South is struggling to end the culture of presidents
for life, the slogan “as I am now here it is forever” has to be banned
because it is taking the march toward a Rule of Law in the Global South
two steps back for every step forward. The end result is gross human
rights violations.
*Dieu-Donné WEDI DJAMBA is a lawyer(Advocate) at the Lubumbashi Bar
Association a Researcher in Transitional Justice and an Assistant
Lecturer in the College of Law in Lubumbashi in the DRC.