Thursday, November 08, 2007

Perils on the path of democracy

Recent developments in Fiji where the elected government was forcibly removed from office, and Zimbabwe where the members of the Opposition were not only prevented from holding a rally but were arrested and beaten by the police while in custody brings into sharper focus the perils on the path of a liberal democracy. Closer to home, Pakistan where the chief justice was suspended under circumstance which undermines the separation of powers and the rule of law is a clear indication of how a system is manipulated by a military dictator. These are situations when the majority consent through the process of an election is withheld and it calls for a re-examination of the Rule of Law and the concept of democracy as mentioned here on the Commonwealth Human Rights Initiative newsletter.

The Commonwealth Human Rights Initiative is an international non-governmental organisation formed to support Human Rights and particularly to support the implementation of the Harare Declaration which set out the Commonwealth's core principles and values, for the countries of the Commonwealth of Nations.

The developed West imposes upon developing countries, the traditions of democracy as experienced by them. The starting point for most countries like Maldives, struggling on the path of democracy could be the public voting and majority rule, most people can choose for all of us, and majorities can impose their will on minorities.

Collective decisions affect us all only because the majority is empowered to force its will on everyone. We have begun to see this process get played out in Maldives. For example, recently when a constitutional amendment was proposed by a leading critic of police powers from the MDP, even activists from the MDP reacted with horror. Clause twenty five of the draft bill of rights had read, “no person shall be arrested or detained without reasonable and probable grounds to believe he has committed an offence.”

The MDP sponsored amendment allows a police officer to detain anyone, “he believes may commit an offence.”

The amendment was passed in the Special Majlis with the MDP splitting its vote on both sides. Thus sweeping powers are given to law enforcement by the collective will of majority. Now the people could be faced with situations of saving themselves from the tyranny of the majority who get to choose something for everyone.

As Fareed Zakariya, Editor of Newsweek International who explained the term "illiberal democracy", the real key to freedom is to secure people from tyranny by the majority, or freedom from democracy.


For much of modern history, what characterized governments in Europe and North America, and differentiated them from those around the world, was not democracy but constitutional liberalism. The "Western model of government" is best symbolized not by the mass plebiscite but the impartial judge. (Fareed Zakaria, The Future of Freedom, p. 20.)


Eighty years ago, Woodrow Wilson took America into the 20th century with a challenge to make the world safe for democracy. As we enter the 21st century, Fareed Zakariya envisions our task is to make democracy safe for the world.

With all its flaws, democracy — represents the “last best hope” for people around the world. But it needs to be secured and strengthened for our times. Maldives is at the threshold of this challenge now.

4 comments:

Anonymous said...

In places like US UK and Australia, laws have been amended to give "extra" power to the police. This "extra" bit has violated peoples rights to the extent which these countries has never experienced it in recent times. In US in the name of fight against terror, the authorities can listen to peoples phone calls. They even asked google to give them information on search histories.

So what you are saying is not totally correct.

mhilmyh said...

Hi maldiveshealth

Yes, in US UK and Australia, laws have been amended to give extra power to fight terror as they should. Many other countries are doing so too. The US patriot act gives draconian powers to protect the US against such threats. In all these cases the collective will of the majority is enforced and that is the way a democracy works.

What exactly is not totally correct in what I have expressed?

Anonymous said...

The collective will of the majority is not enforced in the laws giving this extra power to the police. People are outrageously against it. An example was how they Handled a ceratin Dr. Haneefs case. He was used as a political pawn and now only the secrets are emerging. Dirty . very dirty. I am not sure how you are defining the collective will of the majority as?

mhilmyh said...

maldiveshealth

The semantics of how I used the 'collective will of the majority' has caused the confusion.
I meant such will as represented by elected members of parliament and expressed in the Majlis and Special Majlis. The opposition has a adversarial role in parliamentary democracy. The case of special powers shows the opposition failed to keep party line discipline in the voting resulting a bill that gets passed contrary to popular opposition support. The point is, this is politics and the better an electorate is informed the better they can pressure their elected reps to make the right choice.

Australian Govt cancelling of Indian Dr Haneef’s visa now appears to be clearly motivated by political imperatives, not security concerns as they tried to frame him a terror suspect. Assume this is the case you referred to. It shows politics is dirty, nasty and ruthless.

But Maldives is a small country and we don't have to resort to such dirty tactics just becoz we are following democracy.