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 5:04 PM

Kosovo and Serbia- A never ending saga of conflict

Kosovo is a small landlocked country in the Western Balkans with a majority of ethnic Albanians and Muslims. The country formerly was a part of Serbia but declared independence in 2008. While Kosovo’s independence has been recognized by nearly a hundred nations including the US, countries like Russia and China along with a few European Union nations have sided with Serbia against Kosovo.

Kosovo and Serbia have been at crossroads for a long time. Kosovo used to be a Serbian province under the communist-run Yugoslavia. However, the dissolution of Yugoslavia and the move by Serbian leader Slobodan Milošević to bring Kosovo directly under Belgrade’s administration fuelled war between the two regions.

The situation worsened with the violence in the Bosnian War ensuing from 1992-95 which was termed as “ethnic cleansing” of Muslims. By 1996, the Kosovo Liberation Army (KLA), a paramilitary group had been formed in response to the campaign of Milošević. The situation remained tense with Serbian Police killing nearly 50 people of a KLA member’s family in 1998.

Violence continued to escalate from both sides as international calls for putting an end to the violence grew. "We are not going to stand by and watch the Serbian authorities do in Kosovo what they can no longer get away with doing in Bosnia," US Secretary of State Madeleine Albright reportedly said. The UN banned the sale of arms and ammunition to Serbia as NATO began to plan an intervention in 1998.

However, the situation escalated to a worse in the "Račak Massacre" of 1999, wherein Serbian special police killed 45 ethnic Albanians. The NATO then initiated a 77-day air campaign which ended with the withdrawal of the Serbian army and the paramilitary force of Kosovo. Kosovo became a self-governed territory post the NATO campaign under the United Nations.

Despite several efforts from the European Union and the UN, the two countries have failed to arrive at a common ground till date. Kosovo declared independence in 2008 but Serbia does not acknowledge it despite having no formal control in the region.

In 2016, the countries yet again saw each other at crossroads when Kosovo sought to attain 80% shares of the Trepca mining and metallurgical complex in the northern region which is dominated by Serbs. The dispute became so pressing that it became one of the agendas for the UN Security Council.

In early 2017, Belgrade, the capital of Serbia, issued an international arrest warrant for former Kosover guerrillas including Ramush Haradinaj who served as a commander in the 1998-99 war against Serbian rule. He also briefly served as Prime Minister of Kosovo in 2004 and 2005.

As Kosovo asked the EU to press Serbia for dropping the charges, government and opposition leaders called for an end to the EU-mediated talks between Serbia and Kosovo. Serbia’s move to give the nod for Haradinaj’s extradition from France where he was being detained was met by Kosovo’s move to cancel Serbian President’s visit to a mainly ethnic Serb town in Kosovo on the eve of Christmas Day.

The gunning down of Oliver Ivanović, an ethnic-Serb politician in northern Kosovo in 2018 was yet another setback for the worsening ties between the two countries. Then Serbian President Aleksandar Vucic termed it an “act of terrorism”.

Late in 2018, Serbia blocked Kosovo’s bid to join Interpol, a move that saw Kosovo raise customs duties on Serbian imports by 100%.

In May 2019, Kosovo carried out a large anti-corruption and anti-smuggling drill wherein it detained nearly 23 people including two UN personnel and fired tear gas as well as live ammunition as per a few reports. The entire drill was concentrated in a Serb-dominated region in the North.

Serbian president Aleksandar Vucic reacted by saying that he wants to "preserve peace and stability", but that Serbia "will be fully ready to protect its people at the shortest notice". The European Union, the United Nations Interim Administration Mission in Kosovo (UNMIK) and KFOR (the NATO-led international military presence) all called for the two countries to maintain peace. However, the situation remains critical.

With Serbia being under pressure from international peacekeepers, it’s highly unlikely that it will intervene through its military forces. However, its influence in the Northern region of Kosovo means that both the countries will have to work towards maintaining amicable ties with each other as Kosovo hopes to become a UN member and a fully functional state.

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