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Feature Article
How Healthy is Democracy in the Commonwealth?
13 March 2006, by Andrew Galea Debono, Commonwealth Human Rights Initiative
Today, 13 March, we once again celebrate Commonwealth Day with this year's theme being 'Health and Vitality'. Whilst many things can be said about both health and vitality, another important question springs to mind: 'How healthy is democracy in Commonwealth countries?' The answer to this question, four months after the last Commonwealth Heads of Government Meeting (CHOGM) which was held in Malta, arguably varies from country to country - but overall the answer is not as positive as it should be.
Many countries are still in the same dire situation, whilst others are actually in a worse state than before. Amongst the concerns which trigger the above question is the fact that the health of democracy seems to be faltering not only in those countries which have in the past struggled with the notion of democracy. Nowadays even countries with a strong tradition of democracy such as the United Kingdom and Australia have seen some of their civil liberties at risk by questionable proposed legislation.
In all fairness, not all has been negative. For example, Swaziland's long awaited new constitution has finally come into force - also thanks to the intervention and help of the Commonwealth. Despite the fact that this constitution has been criticised by civil society groups for not being as strong as it could have been, it must be acknowledged that this is nevertheless a small but positive step forward for the country.
But for every semi-successful story are many far less positive ones. One of the countries of major concern is Uganda, the host country for the next CHOGM which will be held in 2007. The run up to the first multi-party elections in over twenty years has been marred by acts of intimidation against members of the opposition and the voting public. The most serious incidents have been the arrest of the opposition leader, Dr. K. Besigye, and the fact that hundreds of voters were allegedly not allowed to vote in the elections.
In terms of democracy and human rights, the Commonwealth Ministerial Action Group (CMAG) is the most effective (but often underused) mechanism at the disposal of the Commonwealth. Pakistan is the only country on its agenda and is being kept under close observation. The progress made in the country has been very slow and many question whether the move from a regime government to a democratic government really is genuinely taking place. Yet Pakistan is not the only country where the principles of democracy are not being respected and perhaps it is time that a few more countries end up on its agenda.
One country which might easily be on CMAG's agenda is the Maldives. The Maldivian President has promised democratic political reforms for his country. Over the past year, for instance, opposition parties have finally been allowed to register, and a multi-party election has been promised. These are positive signs and widespread reforms obviously take time to become reality, but some question whether the reforms exist more on paper than in practice - while political parties can now be registered, for instance, unfortunately prominent opposition members have been jailed. The independent media has also come under fire when they have criticised the President and his government. In such as climate, it is not surprising that observers question whether everything possible is being done to allow democracy to flourish.
The Maldives is just one of many Commonwealth countries where the independent media is harassed by the authorities. Just two weeks ago, Kenya witnessed raids on print and television media in what can be deemed as a shocking and violent new tactic by the Kenyan government to quiet the voice of the media and limit freedom of expression.
Minority groups in Bangladesh complain that their rights are being breached and that the government is doing little to help them. They also claim to have problems with getting their opinion published in the media. There is also much concern over the ever-rising religious intolerance in the country, leading to problems for minority groups. It is impossible to have a strong democracy when the rights of minorities are not respected.
The notion of independence of the judiciary has also been questioned in several countries. The Gambia Bar Association recently urged the Chief Justice to resign due to what it perceived as an unprecedented breakdown of the judiciary. They issued a press release which stated that in the whole history of the Gambian judiciary, the Bar has never witnessed such a dangerous tendency toward a serious break down in the administration of justice at all levels.
Countries which are normally associated with a healthy democracy are also facing potential erosion of civil liberties. Proposed laws in the United Kingdom and Australia would certainly breach civil liberties if passed. Australia's new proposed phone tapping laws would make it possible for the police and secret service to tap innocent third parties' phone lines and control their SMS, email or mobile phones. It is worrying to note the general trend of putting aside citizens' rights in the name of the war against terrorism or in the name of security and it is likely that such a trend will backfire sooner or later. A country like the UK has faced countless terrorism threats in the past but has not previously gone as close to limiting civil liberties as they are doing now.
With members of the media constantly under fire across the Commonwealth, religious intolerance on the rise, democratic elections and political reforms being undermined, illegal arrests of those who oppose their governments, and civil liberties being infringed upon by new anti-terror legislation, it is legitimate to feel that democracy needs more than a simple 'visit to the doctor' to improve its health. Widespread symptoms of a large problem are rampant and perhaps it is time to do something more about these situations. This Commonwealth Day we should all keep in mind that health and vitality are very important to every living creature – and should be enjoyed by all in free and democratic societies.
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