Les impensés de la gouvernance: La pertinence politique de la participation de la société civile au Nord et au Sud

Patrice Cailleba () and Rekha Kumar
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Patrice Cailleba: Groupe ESC Pau
Rekha Kumar: Department of Law - University of Botswana

No 1104, Working Papers from Groupe ESC Pau, Research Department

Abstract: African democracy is known for what has been called ‘waves of democratization’. The path to democra- cy is made of transitional periods from non-democratic to democratic regimes which follow each time a particular route. Most of the African countries have either ignored or misunderstood the role of the civil society in pro- tecting and promoting human rights. Similarly, the civil society and its relationship with the state can- not simply mean that the same standards apply to everyone in equal measure. The role of civil society as an emancipator of social forces may be distinct from the state more especially when it is concerned with the status of human rights in African region. The distinctiveness of different regions, in terms of their level of socioeconomic development and significantly their cultural attributes, ought to be ackno- wledged in this regard. The perceptions of power from State to State may thus differ. If all laws are situa- tional laws as they operate on specific and local areas, all political representations may follow local pat- terns. The pressure for political transition in African region is not only from international arena but also from the domestic societies who are mobilising to rid themselves of the monarchies, dictatorial, military and one-party structures running under the masquerade of democracy and constitutionalism. But regular free and fair elections do not in themselves mean democracy. Endorsement and enforcement should be dis- tinguished. Democracy is also about ensuring that electoral outcomes reflect the will of the people through effective parliamentary institutions. The absence of political violence during elections and smooth transfer of power by the ruling elites may have let experts believe in an “African miracle” like in Botswana. However even for those countries which have enjoyed liberal democracy, there are growing doubts as to whether they are really the model of democracy. Political legitimacy is missing even though some coun- tries are maintaining the democratic status in their constitutions and in the eyes of the whole world. The First-Past-The-Post electoral system has failed poorly in this regard in the majority of the African coun- tries. The system promotes a predominant party system which undermines the much cherished idea of a multiparty democracy. Then the absence of an effective political opposition undermines the fragile African democracies. Our article wishes to investigate the potential of civil society in building an effec- tive political opposition in Southern African countries.

Pages: 26 pages
Date: 2009-01, Revised 2009-01
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