THE CHALLENGE OF DEMOCRACY IN AFRICA-establishing democracy in multi-ethnic and multi-tribal societies
Publisher: TAMA Books
Published: 2008
Place of publication: Yaounde Cameroon
Format: Paperback
Number of pages: 144
Description: this essay will help further the debate on constitutional democracy in Africa, more importantly, that it will help some African societies to find the system of democratic governance that will suit their society and their people. As with all human knowledge or systems, western democracy is not perfect and has evolved according to the history, experience, customs and traditions of European nations. To cling to it as representing the only viable model, will be to deny the fact that every people and every nation have a history and experience unique to themselves and worthy of basing their own futures upon. Africa must push forward to establish her own systems that truly fulfil her own needs and can bring about genuinely free and egalitarian societies.
Most constitutions fail to work because they are not fine-tuned to the realities of the society. Political realities on the ground do not seem to find solutions in constitutions and sometimes such political realities may in fact be in conflict with constitutional provisions. There is therefore a need to draft constitutions that are based on the local realities rather
than on some intellectual or academic provisions found in other societies and books on constitutional law. In order to meet this challenge, Africa must provide its societies with constitutions that take into consideration the uniqueness and
particularities of each nation, providing suitable and adequate democratic structures that will respond positively and thereby provide practical solutions to the different frictions and conflicts of interests that are inherent in any society. The failure of constitutionality is at the root of most, if not all, of Africa’s ills.
Table of contents: title: ACKNOWLEDGEMENTS; title: PREFACE; title: INTRODUCTION; title: a) Post colonial period; title: b) The challenge of democracy; title: c) The nature of African societies; title: d) The way forward; title: e) African democratic structures; title: f) The stakeholders of the society; title: g) African nations: a colonial creation; title: h) Governments and organized societies; title: THE CONSTITUTIONAL DEBATE; title: a) The need for ground rules; title: b) Conflictual and consensual democracies; title: HUMAN RIGHTS; title: a) Historical context; title: b) Power struggle and human rights; title: c) Human rights and traditional values; title: d) A lubricant to facilitate harmony; title: e) Entrenchment of rights; title: f) Human rights and ethnicity; title: g) Remedies; title: h) Freedom of expression; title: POLITICAL PARTIES AND ELECTIONS; title: a) A new opportunity for freedom; title: b) One party system; title: c) The multi-party system; title: d) Ethnic groups and tribes; title: e) African traditional rulers; title: MAJORITY RULE; title: a) The “winner-take-all” solution; title: b) The danger to African societies; title: c) Alternative to the “winner-take-all”; title: GOVERNMENT BY THE PEOPLE; title: a) A true democracy; title: b) Elections; title: GOVERNMENT INSTITUTIONS; title: a) Separation of powers; title: b) True separation of powers; title: c) The legislature; title: d) Encouraging dialogue; title: e) Failure of post independence governments; title: f) Governments are servants of the people; title: g) A government by [all] the people; title: h) Decentralization of government; title: THE JUDICIARY; title: a) Guaranteeing the rule of law; title: b) Independence of the judiciary; title: c) A Judicial Services Commission; title: d) The prosecution department; title: e) An independent Bar; title: f) Access to justice; title: g) Alternative mechanisms for the settlement of disputes; title: THE CIVIL SERVICE; title: a) A creation of the Executive; title: b) A neutral civil service; title: c) A Civil Service Commission; title: d) The Office of the Mediator; title: e) Office of the Auditor-General; title: THE ARMED FORCES; title: a) The need for a military establishment; title: b) The military in pre-colonial Africa; title: c) Colonial period; title: d) Post colonial Africa; title: e) The role of the military in a democracy; title: f) Non-political; title: g) Army appointments and promotion board; title: CONCLUSIONS; title: a) Building stable democracies; title: b) Leadership; title: c) Political leadership; title: d) A civil society; title: POSTSCRIPT; title: a) Specially drafted constitutions; title: b) A new kind of African society; title: c) Putting people first; title: d) The communal nature of the African society; title: e) A united Africa; title: f) A new world order; title: BIBLIOGRAPHY