Promoting popular democracy through legislative strengthening in Africa- a new approach required
This paper looks at ways in which African countries can build long term democratic institutions, while at the same time providing the wherewithal for institutions of democracy to become independent of vested interest and foreign influences.
Introduction
The second liberation of Africa occasioned by passionate street protests against one party and military rule, in the late 1980s, early 1990s, which was preceded by years of popular struggles in Africa and opened the floodgates to multi party democracy. Today, democracy is taken for granted by many, while the clamour for this system of government has never been louder. While African governments, political parties, civil society, and various solidarity movements grapple with new approaches to building sustainable democracies, donors have increasingly been concerned mainly with the impact and quality of governance and their economic development aims in Africa.
Increasingly however, it is becoming obvious to all that years of popular struggles by farmers, youth, women’s movements, and intellectuals and so on, will come to nothing unless the institutions of popular democracy are built and sustained to underpin the gains that these struggles yield. I use the term ‘popular democracy’ as opposed to other forms (e.g. electoral democracy) because in recent years, ‘democracy’ has been the subject of various debates. In my view, popular democracy is the sort of democracy that is won by the people’s movement for change. It can be gained through elections or violent means, as long as it is democratic, and is based on the consent of the people. Perhaps, the best definition of this, is Winston Churchill’s’ admonishing to UK parliamentarians that: “it is not Parliament that should rule; it is the people who should rule through Parliament” (House of Commons, November 11, 1947).
For any society that seeks to build and sustain democracy, three main institutions are essential: parliament, political parties and civil society (the media is included in civil society). In Africa, it is essential to add traditional institutions represented by chiefs and traditional rulers, and the mass of young people, and the women’s movements, community based organisations and so on. Any attempt to secure popular representative democracy without these important actors is bound to result in a system of government that is not accountable, non-democratic nor less representative.
Power, democracy and representation
Democracy, especially the popular version is about the acquisition of power and the means to distribute or redistribute abundant economic resources and power arrangements in a society, not simply about elections. Power is also about the distribution of resources and the means of acquisition. Every African country tries to balance power relationships vis-à-vis ethnic, regional, religious, and sometimes economic interests. Some may call this ‘tribalism’ or ethnicity, but real politic dictates these arrangements. A lack of awareness of the local political context, i.e., the real politics of a country therefore means that most foreign imposed solutions, no matter how well intentioned, is bound to fail.
Traditional forms of donor support to African parliaments relies overwhelmingly on ‘technical’ support, which most often is based on quick two-day workshops. In all the efforts by national governments, political parties and external donor institutions, the question of building long term democratic culture is often is eschewed in favour of short term, quick, and often non durable solutions. These workshops are usually facilitated by people whose experience of governance or parliamentary development is based on countries with long years of parliamentary tradition (e.g. House of Commons in the UK). While these may be relevant at times, and could provide valuable lessons in parliamentary practices and systems, sometimes, they are off the mark.
Experience has taught me that these engagements are not aimed at institution building, but largely discussions on what ought to be, or what is done elsewhere in what is called “mature” democracies. The tools are often lacking. It is also important to recognise that political behaviour is usually not influenced by these workshops and conferences. They have their uses; but more often than not the issue of building sustainable institutions for democracy is even not on the agenda.
There is also an assumption that the key requirement to creating effective parliaments and political parties is having a democratic and accountable government. The reverse could also be true. Strong political parties can ensure effective representation in parliament, leading to people-based and accountable legislatures, and vice versa. A strong popular based democratic government will more or less be based on consent, i.e., the will of the people and could garner support in times of a political stalemate or crisis as we are seeing in Zimbabwe.
A people based legislature will be in a position to oversee resource re-distribution which is equitable and fair, and not influenced by regional or ethnic considerations, will defend the national interest and develop a economic and foreign policy based on old fashioned ‘national interest’. In today’s world, globalisation has become an excuse for naked exploitation. If parliaments are to retain their relevance and gain the respect of the people, they ought to show they have teeth and are willing to use the vast powers they have in protecting the vulnerable.
Western donors institutions are beginning to acknowledge the fact that some forms of donor assistance in this area is greatly flawed and ineffective. They lack detail and focus; are naïve about the politics of these countries, their cultures and history; and are implemented by people who lack political judgement. In my years of working in governance from the UK, I have often met people in highly respected institutions who often treat Africa as if it were one region, and do not bother to study in depth the countries in which they work.
There is a reluctance to accept the fact that Parliaments are not value-free institutions. They are often the product of a long term process of political struggles, and therefore reflect the cultural and political traditions of a country and of particular societies. No one will argue that the US Congress and the UK House of Commons have different traditions and precepts. Why should that be a problem in the case of Africa? In essence therefore, the institutional or capacity needs of African parliaments are bound to differ, and rightly so. It is important to bear this in mind in developing strategies and programmes to underpin the work of legislative institutions in Africa. The differences matter. The capacity building needs of the Ethiopian House of Peoples Representatives (HoPR) and those of the Kenyan National Assembly are bound to differ. While Ethiopia has emerged from years of military dictatorship and a guerrilla war, Kenya is also emerging from years of one party rule, still trying to come to terms with a troubled transition.
Institution building versus parliamentary strengthening
In recognition of the increasing importance of parliaments and Members of Parliament (MPs) in democracy building, parliamentary strengthening has become an important part of international democracy assistance strategies. As a representative forum, African parliaments remain one of the most important institutions of governance and democracy building. Historically, national parliaments have always performed the roles of representation, legislation and accountability. In their representative function, parliaments ensure that all shades of political, ethnic, and/or cultural views are represented and articulated to government.
Parliament therefore serves as a crucial link between the electorate (voters) and MPs. As a legislative body, parliaments play a critical role in the legislative process by scrutinising and amending government bills, but also possess the ability to initiate, propose and shape legislative national priorities. Finally, parliament is the only constitutional way through which democratically elected governments are held to account in their actions and policies. To a large extent, parliaments help to establish the norms and values that underpin the democratic culture of a country and help to shape people’s expectations and attitudes towards democracy.
But one area that is constantly lagging behind people’s expectations is the relationship between the elected representative (the MP) and his/her constituents, and therefore their ability to hold governments to account. Every democracy requires a mechanism for constant national dialogue as a forum for peaceful coexistence. In countries in transition from conflict to peace (e.g. the Democratic Republic of the Congo, Somalia, or even Kenya), mediation and reconciliation remains a key function of the national parliament. Yet in many parts of Africa, national parliaments are falling short of these expectations. For African parliaments, the reasons for such weakness are varied and differ from country to country.
Investment in African parliaments has often been low, even though this is steadily rising in recognition of current realities. Yet, they still lack the basic tools to perform their core functions as representative institutions. Most have limited staffing, and often poorly trained staff, lacking in experience and political will. The internal structures, often inherited from the colonial days, remain weak and disorganised, thus undermining the rules of parliamentary business.
One area that is often ignored in African parliaments is the influence of the unique political environment. No parliament is independent of the political process or the interest of the ruling elite; indeed, parliaments often reflect the political realities of the day. The effectiveness of a parliament will therefore be conditioned by the existing political realities in which they operate. One such reality is the process of transferring power, often seen as a quick fix, a change of guard at the State House, regardless of the long term consequences for the country in question. For those who prefer the quick fix solution of transition, any attempt to anticipate hiccups and difficulties are frowned upon, and when this happens, it comes as a surprise to them. Kenya is a good example of this.
It is also often the case that organisations involved in parliamentary strengthening are themselves lacking in experience and a track record of supporting African political institutions. There is often an assumption that foreign based international organisations or individuals have the wherewithal to provide parliamentary capacity building to enhance the effectiveness of legislative institutions. ‘Internationals’ as they are called these days are therefore given access to complex parliamentary processes and often changing political environments, where they spend large sums of money on capacity building which in the end, simply disempowers the staff and legislators of African parliaments.
One glaring proof of this is the lack of a single African-led, or African based parliamentary strengthening institution leading in Africa today. While international these institutions may be well intentioned, they often fail because of the certain assumption that anyone – no matter how poorly trained, ill equipped or inexperienced ‘expatriate’ – can be good for Africa. Often, quite conversely, the consequences are dire for the future of sustainable African institution building. The only exception here is the efforts being made by the East Africa Legislative Assembly (EALA: www.eala.org) to set up a parliamentary centre for East African legislators. The Africa Union and other sub-regional organisations (e.g. ECOWAS) can learn from this.
A new proactive approach required
In short, if there is recognition that legislatures are the driving forces of democracy and popular-based representation, then it is important to institutionalise these effectively. Africa needs to build Regional Parliamentary Centres funded by African governments, staffed by African experts, who of course can be supported by experts where necessary. The need to strengthen the Secretariats of African parliaments to enable them deliver effective services to MPs and legislators, build sustainable, accountable, and transparent institutions to underpin democratic governance has never been greater. The lack of an African Parliamentary Institute mandated to train parliamentary staff, and supporting various committees of parliament is a serious ideological and institutional weakness.
The effectiveness of electoral politics means that voting ineffective MPs out and new ones in every five years is becoming the norm. This means that new MPs will need trained and competent staff to support them. Only a parliamentary institute linked to an institution of learning (e.g. University) can provide this sort of expertise on a long term, sustainable basis. It will produce professional parliamentary staff with a future interest in promoting excellence, and not mediocrity, and foster operational consistency in the work of legislatures, and be able to support new parliamentarians when the need arises.
Such an institution can not only enhance the work of parliaments, but also enable new (leaders) legislators to better understand their functions and how to exercise them for the good of the country. African parliaments need to move to the modern era through better management, effective financial systems and practices, and to use resources that are abundant in-country. Waiting for others – i.e. ‘internationals’ to provide the technical support, will lead to disappointment in the electoral process and weaken the parliamentary system as a whole. The people cannot wait.
© Zaya Yeebo/July 2008