Building a sustainable democracy requires functional institutions

By Ndung’u Wainaina

Kenya like many other countries in transition which have made positive strides in democracy, human rights and development, faces a double-edged governance dilemma of consolidating democratic governance and improving the quality of democracy.

The Government is at the danger of complacency following recent political developments, which could lead to new forms of authoritarianism, or in fact a reversal to old forms of authoritarianism.

It is necessary that early stages of transforming a State focus on rebuilding effective and legitimate institutions that guarantee security, justice, livelihoods, cohesiveness and coexistence of the people. Whenever any of these elements misses, there is likelihood of the transition stumbling. We have to keep remembering that the process of democratisation and consolidation of democracy requires functional and healthy institutions.

Credible, competent and legitimate institutions are crucial to mediate the tensions that otherwise lead to violence and socio-political instability. These institutions are equally important in consolidating democracy through: interpreting the Constitution, ensuring the rule of law, protecting the freedoms and rights of the people and defending the Constitution and State institutions. In addition, devolution of State power, decision making and governance structures is important in order to legitimise the process of democratisation.

Democratic civilian authority draws its legitimacy from people. Therefore sovereign will of people must at all times be respected, upheld and defended.

According to World Bank Development report 2011, fixing the economic, political, and security problems that disrupt development and trap fragile states in cycles of violence requires strengthening national institutions and improving governance.

The key barometer indicators to measure whether the country is making progress include quality of: representation and accountability, effective citizen participation, devolution (local) governance, economic management and corporate governance, and human security of the people.

It is absolute necessary to build stronger political accountability mechanisms in Kenya as key pillar to building sustainable democracy and tackling poverty, crime and violence. If these mechanisms remain non-existent corruption, weakened rule of law and criminal violence pose serious threat to future stability of the Country. Political accountability and democratic governance are inseparable as both are essential to sustained peace, development and human rights.

Every Kenyan has a fundamental human longing. Each want and deserve a true functioning democracy, accountable and more responsive Government that works for the good of society as a whole and living with human dignity. Elected representatives have to be on the forefront in embodying political accountability.

They represent citizens’ interest and express their will. It is their duty to offer effective oversight and check excesses of the Executive. As elected public office holders, they ought to pass laws and policies that foster justice and equality. They have a solemn responsibility and duty to promote peaceful coexistence and dialogue amongst communities to overcome tensions and ensure that national resources are distributed equally.

In order to successfully promote democratic governance, and to translate political commitments into realities, elected representatives must practice accountability. Public affairs demand high degree of accountability, integrity and transparency. Elected political leadership only enjoy legitimacy if it can be counted as the front-line defender of democratic governance and constitutionality.

Accountability goes beyond providing people with the right laws and policies. It demands facilitating and encouraging effective participation of citizens in public affairs. Elected representatives only create and facilitate a strong bridge between the people and Government.

Qualitative representation of the people is key to building sustainable democracy. Such representation has to reflect all social cleavages. Women account for less than 20 per cent of representation. That falls short of the 30 per cent target. We need to bring more women into policy making not just for the sake of gender balance or to harness their talents but because society benefits when women and men are equal in decision making.

Also involving women in security, justice and economic empowerment programmes is fundamental during transition.

We have to do more to ensure minority groups have significant representation as well. The best way to achieve this is to nurture citizens from these groups and give them the skills and opportunities to embark on a life of public service.

Dealing squarely with corruption and organised crime is a major challenge in transition period. These two abhorrent elements undermine political accountability and democratic governance. Like termites, corrupt practices hollow out weak institutions from the inside.

And they destroy people’s trust in the State. Therefore the country has to establish and enforce: Strong accountability and transparency measures; inclusive, participatory and transparent people-centered budgetary system; meritocracy, diverse and integrity based public service; removal of all discriminatory laws; and credible commitments to realistic longer-term reform agenda.

Gains made through peace processes are eroded by high levels of organised crime. Solution is found in sustained programmes to transform security and justice institutions in ways that focus on basic functions and recognise the linkages among policing, civilian justice and public finances.

Building capacity of Parliament to be effective in oversight function is absolutely necessary. Parliament has to pass quality laws and ensure their enforcement. It has to demand transparent budget process and criminalise corrupt behaviour.

Whenever separation of powers is under threat citizens, Parliament, Judiciary and civil society have to be extremely vigilant and assertive.

The writer is Executive Director, International Center for Policy and Conflict