Date: 24 Nov 2008
Speaker: Ambassador Ayo Oke, Special Adviser and Head, Africa Section, Commonwealth Secretariat
Location: Bamako, Mali
In his book, Africa: Altered States, Ordinary Miracles, released some weeks ago, Richard Dowden concluded the 576-page book with one sentence; “Africa is finding itself”. This path of discovery is most profound in the remarkable changes that occurred in Africa’s political landscape in the early 1990s. The systemic shift took a gradual but steady trajectory. Thus, in 1989, 29 African countries were governed under some kind of single-party constitution or military rule. By 1994, not a single de jure one-party state remained and by 1995, most countries in the continent had met the initial demand of multi-party democracy and embraced the idea of holding free, fair and competitive elections.
The wave of democratisation and progress toward constitutionalism had begun. Indeed, while only three Heads of State voluntarily relinquished power between 1960 and 1992, the number of leaders that have left power voluntarily since 1992 is estimated to be over 40: some of these leaders left after serving their constitutional terms, others lost elections and accepted the outcome. We have recent examples in Sierra Leone and South Africa, and Ghana is set to follow by the end of the year. In the 1970s, the number of democratic governments was in units. In fact, by one account, in 1973, there were only 3. Today, this number is closer to 50 while the wave of political reform is catching up even in countries with absolute monarchies.
Against the backdrop of the single-party political system, it is significant that the notion of being voted out of power has become an increasing possibility. This has, in turn, reinforced a continent wide belief in the democratic process and signalled a new dawn for visionary and effective leadership in Africa.
State of play
The optimism and high hopes for democracy and good governance in Africa received a boost when Commonwealth Heads of Government met in Harare in 1991 and issued the Commonwealth Harare Declaration which reaffirmed commitment to fundamental political principles earlier agreed upon at their meeting in Singapore in 1971. In the Harare Principles, Commonwealth members committed themselves to a set of fundamental values at the core of which is belief in and adherence to democratic principles. These principles include “democracy, democratic processes and institutions which reflect national circumstances, rule of law and independence of judiciary, just and honest government”. Since then, the Commonwealth has been in the vanguard of promoting democracy through advocacy of democratic principles and practical action to help make them a reality in the 18 Commonwealth African States.
One such practical step is the Commonwealth Ministerial Action Group (CMAG) which remains the most tangible expression of Commonwealth’s commitment to fundamental political values to which all members subscribe. It is a representative group of nine Foreign Ministers from every region of the Commonwealth which deals with serious and persistent violations of the principles contained in the Harare Declaration. Its fundamental task is to assess the nature of any infringement of the Commonwealth’s democratic and political values, and to recommend measures for collective action from member states.
Since it was established in 1995, CMAG has been unique in having the authority to suspend, or even recommend to Heads of Government that a member country be expelled. Indeed, under the Millbrook Action Programme which was adopted by Commonwealth leaders in Millbrook, New Zealand in 1995 to advance Commonwealth political values, CMAG has a direct mandate to suspend a member state in the event of an unconstitutional overthrow of a democratically elected government. It suspended Nigeria in 1995, Pakistan in 1999 and again in 2007, Fiji in 2000 and 2007, and Zimbabwe in 2002. It, nonetheless, continues to engage with the concerned member state to work out a programme of quick return to democratic practice and to the Commonwealth fold and only in one exceptional case have a member state not returned to our democratic fold.
By having the courage to enforce adherence to these core democratic values, the Commonwealth has set itself apart and established a standard to which others now aspire. Indeed, this Commonwealth approach of peer review and standards have since been adopted by other regional groups. Thus, one can argue that the Bikitawa Declaration in the Pacific, the Bamako Declaration and NEPAD’s APRM are Commonwealth exports of principle and practice.
All these point to the uniqueness and strength of the Commonwealth as a rule-based organisation committed to upholding democratic ideals.
New Initiatives
It is noteworthy to mention that the Commonwealth example of promoting and protecting democracy and constitutional rule has resonated well in Africa. In July 1999, the then Organisation of Africa Unity (OAU) Summit in Algiers adopted a policy against “unconstitutional change of government”. This policy was later consolidated in Article 30 of the Constitutive Act of the Africa Union (AU) which declares” governments which shall come to power through unconstitutional means shall not be allowed to participate in the activities of the Union”. Here in Bamako in 2000, the Organisation Internationale de la Francophonie (OIF) agreed to suspend member states who have experienced a military coup d’état. Togo was indeed suspended in 2005 following the attempt by the military to impose Faure Gnassingbe after the death of his father, Eyadema.
Another major innovation is the Africa Peer Review Mechanism (APRM) under the New Partnership for Africa’s Development (NEPAD). The APRM is designed as a voluntary, self monitoring mechanism for assessing a participating government’s progress in meeting the commitments, goals and standards contained in the Declaration on Democracy, Political, Economic and Corporate Governance. These initiatives are clear pointers to the fact that important changes have occurred since the 1990s to date in the democratic evolution of Africa and that this trend will continue to be strengthened in the future.
Lessons and New Risks
What then are the lessons learned? And what actions are necessary to deepen the culture of democracy in Africa? A lot has been learned but a lot more has yet to be learned and risks mitigated. Let us briefly examine just three issues from contemporary experience.
First, democracy is a desirable goal; it is accustomed to African culture and good for African peoples. The suggestion that the essence of democracy is alien to Africa must be dispelled once and for all. Indeed, it has been argued that most pre-colonial African political systems contained strong democratic elements. African kings and states were constrained by checks and balances and kings who ruled badly were deposed. Democracy is a journey and involves a learning process. Most importantly, it is not an end in itself.
Secondly, democratic openings in Africa require continuous and consistent nurturing. There is a lot more work to be done in strengthening institutions and oversight mechanisms that support and strengthen democracy. Often referred to as the “hardware and software “of democracy, these include – the Judiciary, the Parliament, an independent electoral management body, Human Rights Commission, the Ombudsman, virile political parties with comprehensible manifestoes, vibrant and free media, and an engaged civil society.
Thirdly, there is increasing risk of executive dominance of the political space in African countries and the gradual weakening or marginalisation of other arms of government, namely the legislature and the judiciary. The balance of power is heavily skewed in favour of the larger-than-life President. This, in essence, is a carry over of post-independence practice when founding fathers invested themselves with messianic epithets such as – Osagyefo (Victorious Warrior), Mwalimu (The Teacher), Ngwazi (Great Lion), Mzee (Elder), le Grand Silly (Elephant), Nkuku Ngbendu wa Za Banga (All powerful warrior who goes from conquest to conquest), le Vieux and so on. There are current examples as well.
The net effect is that the spectre of ‘imperial presidency’ now threatens democracy in many countries in Africa. This has already manifested itself in attempts by term-limited presidents to want to extend their respective tenures. In some cases, such attempts have succeeded but have also rendered leadership succession complicated and peaceful democratic transition more difficult to achieve. Examining this phenomenon, one commentator argued that Africa is now beset by a strange paradox of strong presidents sitting atop weak states – states that routinely lacked the requisite institutional capacities and resources to fulfil even their most basic functions. Of course, there have been few exceptions, where we have seen smooth democratic transitions – in Botswana, Ghana, Mozambique, Namibia, Zambia and Tanzania.
Another threat or risk to democracy comes from global economic events such as the recent turbulence in financial markets and high energy and food prices. These events lead to discontent and political instability in African countries. The irony is that African states are victims rather than perpetrators of these economic crises.
Reports and conclusions of international workshops and conferences like this have repeatedly traced African democratic deficit to highly personalised forms of governance, culture of corruption, insufficient accountability, inadequate checks and balances, non-adherence to rule of law, absence of peaceful means to change or replace leadership, sit-tight leadership, disputed or stolen elections and so on.
These are challenges we must all work together to confront. The time is long past when we could feign ignorance about the true state of democracy in Africa and what to do to bring about greater democratisation and change.
Commonwealth Approach
What then has been the Commonwealth approach to addressing these challenges?
The Commonwealth has its largest regional proportion of members in Africa. Out of its 53 member states, 18 (used to be 19) are in Africa. The ‘twin pillars’ on which Commonwealth activities are based are the promotion of democracy and of sustainable development. We believe the two are and should be mutually reinforcing.
Over the years and in response to the challenges discussed earlier, the Commonwealth, drawing on the letter and spirit of the Harare Declaration, has developed goals that guide its work in promoting democratic culture in our member states. We have worked as trusted partners with Africans as a “force for peace, democracy, equality and good governance and a source for sustainable development”. In the words of Commonwealth Secretary-General, Kamalesh Sharma at the United Nations High Level Meeting on Africa’s Development Needs, in September 2008 in New York, “Africa and the Commonwealth are “joined at the hip” because the first act for many African countries after gaining independence was to join the Commonwealth. This underlines our long and active engagement in Africa. These goals are:
i. Building a healthy democratic culture – giving life to democratic institutions, processes and procedures;
ii. Ensuring a constructive relationship between the ruling and opposition parties. This is promoted through series of regional workshops on the theme ‘Government and Opposition - Roles, Rights and Responsibilities’;
iii. Recognition by those in power of the limits on their power and of the need for a distinction between the state and ruing party;
iv. A proper equilibrium between the Executive, Legislature and Judiciary through implementation of Commonwealth principles on the Accountability of and the relationship between the Three Branches of government ,(Latimer House Principles);
v. Commitment to the reform and renewal of political parties;
vi. Democracies that deliver by improving the lives of the people.
In order to achieve these goals, the Commonwealth engages in a wide range of activities designed to ensure adherence to best practice in democratic political participation. One example is election observation, which is an example of confidence building in that it is designed to deter the use of domineering or oppressive behaviour by particular groups, through independent documentation of election process by independent parties. To date, the Commonwealth has mounted more that 50 election observation missions in over 35 countries with a significant number of these in Africa. As part of post-election activities, mechanisms have been put in place to monitor the implementation of the recommendations of these observer missions.
Other democracy building activities conducted in a non-threatening manner include technical assistance programmes, deployment of short and long-term democracy experts, providing assistance in constitutional reviews and reform, building institutional capacity of electoral commissions and in some cases, deploying the Secretary-General’s Good Offices to encourage adherence to Harare Principles.
Good Governance
At the heart of the Africa Union and its programme, NEPAD, is the promotion of good governance, peace and security and socio-economic development of Africa. This is well articulated in NEPAD’s Declaration on Democracy, Political, Economic and Corporate Governance. It is a bold vision and strategic framework for Africa’s renewal. The concept of good governance is very much interlinked with institutionalised values such as democracy, observance of human rights, accountability, transparency and greater efficiency and effectiveness of the public sector.
Improving good political governance in Africa is of central importance and it underlines the basis for sustainable development. As discussed earlier, major areas of concern include - human rights violations, absence of rule of law, lack of democracy, corruption, weak democratic institutions, lack of transparency and accountability in management of public resources.
A democratic system of government ensures that the government in power is accountable to the people and the laws of the land. However, it is essential to understand that a democratic government does not necessarily lead to good governance. At best it provides the basis for it.
While there may be no best way of achieving good governance the following stand out as the most common elements. These are accountability, transparency, combating corruption, participatory governance and an enabling legal/judicial framework. Judged against these key elements, one can argue that, in a broad sense, Africa’s record in improving governance remains, at best, mixed. It is therefore not surprising that in terms of economic and human development, the picture is gloomier. Africa contains 15% of world population, occupies 20% of its landmass, but accounts for only 2% of its global output.
It is however encouraging to note that Africa, its main partners and international organisations have all recognised that the continent’s political and economic renaissance could only be achieved through good governance. Major donors and international financial institutions like the European Union, UNDP, IMF, World Bank, and others are increasingly basing their aid on the condition that reforms ensuring good governance are undertaken. All now have governance programmes in Africa.
The Commonwealth has shown its commitment to good governance through Declarations and Communiqués issued by Heads of Government at their biennial meetings. The 1991 Harare Declaration as we emphasised earlier, committed members to the rule of law and the independence of the judiciary, fundamental human rights, including equal rights and opportunities for all citizens, regardless of race, colour creed or belief.
In recognition of the public sector’s centrality to democracy and good governance, the Commonwealth delivers institutional capacity-building programmes to strengthen public sector institutions and effectively position member countries within the rapidly changing global environment. The Governance and Institutional Development Division (GIDD) of the Commonwealth Secretariat has responsibility for this mandate and its work covers full spectrum of public sector administration and management as well as issues relating to civil society. These activities are managed under the Commonwealth Fund for Technical Cooperation, (CFTC), and Africa receives 43 per cent of total funds disbursed.
It is noteworthy to mention that a non-governmental African initiative to promote good governance has started to make positive impact in this area. a leading African businessman, Dr Mo Ibrahim has instituted the Mo Ibrahim Prize to stimulate debate on good governance across sub-Sahara Africa and the world, to provide objective criteria by which citizens can hold their governments to account, to recognise achievement in Africa leadership and to provide a practical way in which leaders can build positive legacies on the continent when they leave office. Dr Ibrahim’s motivation is his belief that “nothing, simply nothing, is more important for Africa than good governance”. This is a welcome initiative that must be encourage and supported by Africa’s partners. For us in the Commonwealth, it is reassuring to note that the first two recipients of the Mo Ibrahim Prize have come from Commonwealth Africa. They are former Presidents Joaquin Chissano and Festus Mogae of Mozambique and Botswana respectively.
Key Issues
Discussions on good governance in Africa have always pointed at the linkages between governance and tackling poverty, encouraging growth, and promoting human development. As a way forward, it is imperative to ensure that governance assessments and initiatives by various agencies are coordinated and prioritised in order to maximise their impact. The priorities outlined below could serve as a guide:
Conclusion
Africa’s engagement in promoting and enhancing effective governance including NEPAD’s strong statements in support of democracy and human rights point in the right direction and must be sustained. Since standards are by their nature susceptible to the laws of gravity, the international community must continue to support African countries in efforts to make their governments more transparent, capable and responsive to the will of the people. The Commonwealth stands ready to work with its member states in Africa to advance these objectives.
I share Richard Dowden’s view that Africa is finding itself and remain convinced that the international community will help in this regard. Ultimately, it is Africans themselves who must rise to the challenge of ensuring democratic transition and good governance in Africa.
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Democracy and Good governance in Africa