Wednesday, September 16, 2020

Crumbling State of Liberal Democracy: Some reflections on the International Democracy Day 2020

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Adnan Abbasi

Article Title

Crumbling State of Liberal Democracy: Some reflections on the International Democracy Day 2020

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Global Views 360

Publication Date

September 16, 2020

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Representative image of people raising question

Representative image of people raising question | Source: rawpixel.com via Freepik

The liberal democratic world order which was accepted as a preferred governance model in major parts of the world has been under assault by the increasing authoritarian leaders since the last few years. The monopolization of power by subverting the in-build checks and balances of the democratic institutions is now a new norm in even the large democratic countries like the  United States or India as well. The International Democracy Day, which falls on 15 September, gives us an opportunity to reflect on the present state of liberal democracy in the world.

Monopolization of Democratic Institutions

In recent years democratic institutions across the world have shrunk into the hands of a few.

In the United States, President Trump is interfering in the running of independent democratic institutions. John Torpy—American academic, sociologist, and historian—currently Professor at City University of New York—fears that US democracy under Trump is going under “swamps”. Mentioning about President Trump’s obstruction of the democratic institutions, he writes “As many people have noted, if the president can simply refuse to cooperate with Congressional requests for documents and witness testimony, we live not in a democracy, which requires that officials be accountable for their actions, but in an autocracy, in which the executive can make decisions without the possibility of oversight by others.”

Viktor Orban, the President of Hungary | Source: Elekes Andor via Wikimedia

In Hungary, democracy is on the proverbial deathbed. Hungarian President Viktor Orban—amidst COVID-19 pandemic—passed a bill in parliament granting his government access to emergency powers. This bill—which is now the law of the land in this European Union country—gives the absolute power to the executive without any checks by the parliament. Political commentators like Zoltan Cegledi argue “The government’s will to destroy, limit and exhaust democracy is permanent. Its future victims will be the remnants of autonomy.”

In India, lately the government scrapped the question hour from the parliament citing the spread of COVID-19. Leader of Opposition Ghulam Nabi Azad expressing his concern on the decision said "In a democracy, the government is answerable to people of India through Parliament and the Parliament comprises members of Parliament representing different states, political parties, and regions of this country. People of the country have no access or means to ask the question to the minister inside the Parliament. So, their representatives are the members of the Parliament. These MPs ask questions on behalf of people of India."

This is not the first time the government of India changed the rules for the conduct of those institutions where it may get questioned. The RTI Act gave people of India the right to seek information from the different institutions of the government (excluding the intelligence). In 2019, the Indian parliament passed an amendment to the Right to Information (RTI) Act of 2005, which is being criticized widely.

Prabhash K Dutta mentions in his article published on India Today that this amendment removes the fixture of duration for the five years for chief information commissioners as well as the information commissioners and altered their salaries, for both they will be separately notified by the government. He furthermore mentions “This, in a political sense, means that the government can threaten or lure the chief information commissioner and information commissioners with arbitrary removal or extension and curtailment or increase in salary depending upon their suitability for the ruling dispensation.”

Lady Justice: Allegorical personification of the moral force in judicial systems | Source: Tingey Injury Law Firm via Unsplash

In some countries, the executives are also interfering in the judicial process. President Andrzej Duda of Poland has lately signed a law that gives him power to appoint the judges as well as penalizes the judges of the court to question any appointments done by the President in the judiciary. Malgorzata Gersdorf—the president of Poland's Supreme court—termed it as “Muzzle Law”.

In Hong Kong as well, after the implementation of the New Security Law by the Mainland severely affects the independence of the judiciary and gives China-appointed Chief Executive the power to appoint judges in the “cases of security.”

In Egypt the government under Al Sisi has subverted the judicial system by expanding the scope of military courts. These courts  are directly controlled by the army (not the judiciary) and the defendants can neither access a lawyer nor are brought to a judge after the arrest.

Throttling the flow of information on internet

The assault on democratic discourse has extended to the internet, which has emerged as an important tool for easy and quick access of information. However the authoritarian streak in the ruling establishments do not not want the information to spread so fast.

Anti CAA Protest in Assam, India | Source: Ankur Jyoti Dewri via Wikimedia

An apt example is the widespread shut down of the internet during the time of protest against the Citizenship Amendment Act (CAA) across India. These shutdowns were not only to gag the Anti-CAA protestors but also unconstitutional according to the law of the land.

In Indian province of Kashmir, the internet was totally shut down for almost 5 months from 5th August 2019. The services were later restored but even today, 16th September, 2020 there is no access to the high speed internet in the region.

In some other countries like Belarus and Ethiopia, as well, the government resorted to shutting down the internet during the public protests.

Similarly the popular social media platforms like facebook, twitter, reddit, and many others which are used to freely share information, are restricted or banned in many countries.

This all happened in 2019-20 despite the United Nations General Assembly (UNGA) resolution stating that cutting access to the internet violates  article 19, paragraph 3, of the International Covenant on Civil and Political Rights back in 2011.

Suppressing the dissidents

Anti Al-Sisi protests in London | Source: Alisdare Hickson via Flickr

In Egypt, the government is resorting to Military Court trials, and ditching the normal judicial system. The detainees are put under inhumane conditions (people tried here are mostly the dissidents against the government). Vanshita Banuana from Global Views 360 writes “There have been multiple reports of torture, sexual assault while placed in detention. In prison too, detainees face inhumane conditions, not being allowed to see family, exercise or get sunshine and fresh air. Thousands of student protestors, journalists and political dissidents have been tried in these military courts, and hundreds more have been killed extrajudicially. At the same time, citizens’ tools to criticise these steps are undermined, such as by limiting the domain of NGOs, censoring news and social media, and blocking around 600 websites.”

In India the government uses many draconian laws to suppress activists working for the marginalised communities. The Unlawful Activities Act (UAPA) is the most controversial and draconian law which is being used frequently by the government to curb the dissenting voices.

Indian government, as a part of its ambitious smart city project, is installing CCTV camera systems in the major towns across India. The footage from these cameras along with the AI based facial recognition technology is a deadly combination for curbing dissidence. Privacy experts like Arun Mohan Sukumar fear “If you don’t have adequate checks and balances, there’s a high chance the government will be tempted to use the data for highly dubious purposes.”

A ray of hope

As Victor Hugo said “When Dictatorship Is A Fact, Revolution Becomes A Right.” The people across the world have started speaking up against the assault on democratic values and institutions. They face hardship, vilification, and incarnation but remain committed to fight for the protection of liberal democracy. This gives us hope that the liberal democracy will ultimately prevail as it is what Abraham Lincoln described, “The government of the people, by the people, and for the people.”

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February 4, 2021 4:54 PM

The story of reconciliation and development in the genocide hit Rwanda

The genocide and civil war had rendered hundreds of thousand of people homeless and in utter misery. If the Tutsi’s were the primary victims of genocide, the Hutu’s too suffer in the ensuing civil war when Paul Kagame led Rwandan Patriotic Front defeated the government forces and took over Rwanda.

When the genocide stopped by August 1994, the the suspected perpetrators of crime were hounded by the new government forces. Thousands of Hutus left the country and sought refuge in the neighbouring countries. The legal system of Rwanda was in shambles and the vengeance was taking precedence over the quest of justice. Over a hundred thousand suspected genocidaires were put in prison but could not be properly tried due to a strained judicial system.  

Things however started to change from the year 2000, when Paul Kagame became Rwanda’s President. The biggest challenge for him was to rebuild a society that is economically and socially stable. The socio-economic transformation of Rwanda under Kagame is an inspiring story of reconciliation based on acceptance, repentance and forgiveness, the very foundation on which the edifice of Rwanda's reconciliation is standing firmly today.

The first step towards reconciliation started in 2002 when Rwanda introduced the community-based dispute resolution mechanism, Gacaca to try the genocide related crimes. Gacaca was traditionally used in Rwanda to resolve minor disputes. In its new incarnation, the objectives included not only delivering justice, but also strengthening reconciliation, and revealing the truth about the genocide.  

In the Gacaca court the local community elected the judges who then tried the defendants  in front of members of the local community. These community members  were asked to share whatever they knewabout the the role of defendant during the genocide. Gacaca courts functioned extensively during 2005 to 2012 and processed almost two million cases in this duration.

Though Gacaca courts were criticised by many human right organisations for putting speed over fairness in trial, it undoubtedly resulted in giving the opportunity for some genocide survivors to learn what had happened to their relatives. It helped many families of survivors and perpetrators living side by side with peace and contentment in many reconciliation villages, after the ‘perpetrators’ confessed their crimes and expressed repentance.

Taking inspiration from The Truth and Reconciliation Commission” of South Africa, Rwanda established a “National Unity and Reconciliation Commission” in 1999 with an objective to reconcile and unite the Rwandan citizens. This process used four specific tools. (1) Ingandos - to bring normal activities to a standstill in order to reflect on, and find solutions to national challenges, (2) Organising reconciliation summits, (3) Creation of a leadership academy for developing a new set of grassroot leaders, and (4) Frequent exchanges and consultations at inter-community level.

All these efforts along with that of many non-governmental organisations helped to greatly heal the deep wound of sectarian violence in Rwanda. According to the report published by the National Unity and Reconciliation Commission of Rwanda in 2016, over 92% of Rwandans feel that reconciliation is happening.  

Alongside the reconciliation process, the government of Rwanda started spending on health, education and other civic infrastructure which has paid a good dividend in last two decades.

Government expenditure on healthcare facilities per person has gone up sixfold from just $21 in 1995 to $125 in 2014) which contributed to the increase in Life expectancy at birth by 32 years between 1990 and 2016 while  reducing the infant mortality by half since 2000.

The focus on the education sector resulted in almost three quarters of girls and two-thirds of boys now completing primary schooling while literacy rates of adult males and females increased to 75% and 68% respectively.

Rwanda now ranks 6th out 149 countries in the global gender gap index and a high proportion of front-line political positions, including 61% of the parliamentary seats are occupied by women. Rwandan women possess the right to inherit property and can also pass citizenship to their children.

The newfound peace, stability and reconciliation in Rwanda gave a boost to the country’s economy which saw per capita GDP growth from $200 to almost $800 between 1994 and 2017. In 2018 the GDP grew at  8.6% and the county rated the second-best place to do business in Africa.

Rwanda today is a shining example that a country with a long and painful history of violent sectarianism, can achieve great success, if it takes every section of the population along on a path of peace, unity and reconciliation.

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