Is the New Partnership for Africa’s Development (NEPAD) merely a decorative blueprint? Will the West fund African development despite the needs of a post-Saddam Hussein Iraq or an Israeli-Palestinian roadmap? This report from the Institute of Security Studies (ISS) in South Africa, argues that the new era of good governance expected from pro-democracy leaders in Africa in the early 1990s may be false.
Without party politics a country cannot be truly democratic, yet equally the mere presence of political parties does not in itself mean democracy. Across the continent African pessimism has taken over from euphoria as successive governments have tried to reduce the democratic content of constitutions which were enthusiastically embraced a decade ago.
Constitutionalism and constitution-making has been popular in Africa over the last decade. Since the end of the cold war and the linking of aid to governance by the World Bank, both in 1989, almost all African countries introduced constitutional reforms in quick succession. Positive and negative outcomes include:
- National conferences were born as ad-hoc assemblies in Benin, The Congo, Zaire and elsewhere in Francophone Africa. Constitutions were drafted and independent commissions formed. Opposition parties were legalised spawning a proliferation.
- Citizens realised that single party regimes could be forced to hold multiparty elections. Limits were set on the number of terms African presidents could serve. Elections were a great success in Kenya and Senegal.
- The problem of democratic reversals. Democratically elected governments have been ousted by the military in a number of countries. In others, leaders have removed constitutional limits to their presidential terms, for example in Zimbabwe.
- Pessimistic investment. The investment world may lose faith in African governance with negative repercussions for the continent and in particular for Nepad.
The process of constitution-making must be located within the new dynamics of globalisation. Empowering civil society, human rights and the entrenchment of socio-economic rights should be advocated. Hence policy pointers for democratisation in governance include that:
- Legitimacy is fundamental and dependent upon commitments by the ruling party to a constitution owned by the people. Too often constitutions in Africa have lacked independence and hence moral authority.
- Inclusiveness is important. It ensures broad based ownership and helps build legitimacy. Incorporating a gender dimension and involving disempowered groups such as the rural poor should be integral to the process of constitution building.
- Civil society be accorded respect. It has an important role to play in mobilisation and advocacy. In Zambia civil society was pivotal in thwarting a bid to remove the two term limitation on the Presidency as enshrined within the 1996 constitution.
- The role of political parties cannot be over-emphasised. However, care must be taken that de-facto one party dictatorships are not allowed to hide behind claims of multiparty democracy. Opposition parties must be equipped to play a meaningful role.
