Form 5 General Studies (GS) - DEMOCRATIC PROCESS AND PRACTICES. [PDF] » Page 5 of 5

The importance /advantages of democratic elections

Democratic election help give the opportunity to voters to choose good leaders: voters believe that electing a different party or candidate can be an alternative to solve their problem and improve their lives: thus elected voters make laws or by – laws that have a direct impact on the day life of people. Good leaders are very important to people‘s development.
To ensure good government: when good leaders are voted into office by the people through democratic voting they form a good and effective governance. Free and fair elections ensure that people make informed choices of parties and candidate
To make the government accountable for its actions. The part which is vote in office seeks to serve well the voters. Elections are therefore means of building a responsible government by rejecting corrupt parties or candidates in an election.
To place in office a government of people‘s choice: Democratic elections are vital in forming a new government. Though elections the voters show acceptance. Rejection or dissatisfaction.
To improve the political system. Any ruling party which comes to power maker effort to prove to the electorate that it is capable of forming an effective government. Opposition parties on the other had try to convince the electorate that they can do. Better than ruling party. In this situation the political system

Short coming of the democratic elections:

i) It is costly: the whole process toward Election Day is expensive. The producer include scrutinizing candidates, publicity driving electro constituencies, registering, voters monitoring the campaigns courting the ballot and verifying the ballot paper when necessary all these require a lot of money.

ii) Elections are time consuming . this is because the outlined steps have to be ffowed precisely by all contestants and their supporters.

iii) The reasons for choosing candidates can be right or wrong. In centrain circumstances same candidates may influence voters to vote for them through bribes deceit tribalism religion personal wealth nepotism or social status

Short comings in the multiparty general elections in Tanzania

Constraints on media: there are about 245 private newspapers, over 134 newspapers owned by government agencies and deportment and about 44 religious newspapers. However, the newspaper act of 1976 contains many restrictions on freedom of the press. For example section 5 (2)grants vast power to the minister responsible for information to deregister any newspaper at any time he or she thinks it does not quality. Similarly, 25(1) gives minister power to ban any newspaper at any time he or she deems right to do so for. Example in October 2008 Mwanahalisi was banned by the government for three months allegedly for having published seditious article
Shortage of fund; section 13(1) of political parties act 5 no.5 of 1992 states that not only registered political parties which have parliamentary seats and popular votes are the ones qualified for funds. This makes only few political parties to quality for subsidies . for example ,after 2005 general elections CCM received Tshs.555.5 million per month (82.8%) of the total CUF received 77,2 million ,CHADEMA received Tshs 1.4 million. Hence there is a concern among opposition political parties that this wide resource disparity constrains the opposition to spread nationwide.
Oppressive laws on political association: section 40, 41, 42 and 43 of the police act, cap. 322 R.E 2002 require any political party whether provisionally or fully registered purpose of such a meeting. However the police frequently use these section to cancel oppotion political parties meeting on ground that the meeting is likely or intends to cause a breach of peace or jeopardize the public safety in the area.
Lack of independence and impartiality of the national Electoral commission this stems from the fact that all member of the commission are appointments are not clear and transparent to the extent that most stakeholders lose trust and confidence in the commission
An element of corruption during campaigns’ and election whereby the part vanguards dish out items like t- shirts khan gas dirking food etc to allure the voter.
Minimal participation of citizen in the election. Over 50% of the registered voters did not show up in the 2010 general election.
Poor preparation: for example poor registration of voters led to same constituencies to repeat voting exercise in buseresere karagwe etc during the 2010 general election
Unequal access to media coverage especially state owned media opposition parties do not get adequate access to mass media owned by the government.
Intimidation of the opposition parties by government authority. This includes raiding and interruption opposition party campaigns.
The ruling party is constantly being accused of using state owned funds and resourceses such as vehicles for party campaigns

The practices of human rights

Meaning

Human right are fundamental rights or rights that human beings is born with and area inherent in him or her and not granted by the state of any person.

Normally the state enhances human right but does grant the human rights.

Categories of human right

Right which an individual must have include but not limited to the following.

a) Civil and political rights (also termed as the first generation rights)

They include the right to equality and protection before the law; right to organize right to self-determination; freedom from arbitrary torture ; right to life freedom of assembly: right to due process: right to be leader or to choose representatives in the government : freedom of worship: freedom of movement right to marriage freedom of speech: freedom of expression freedom of inquiry and criticism freedom of slavery and servitude etc.

b) Solidarity community or collective right (also known as the third generation right)

They include: right to cultural identity righty to clean environment the right to development the right to peace etc.

Origin and development of human right wide

The standard western account of the tradition human right is same what problematic the expression human right is relatively new in the daily use which started after the Second World War and the founding of the united Nations before this period human right used to be known as natural right or the right of man most scholars of human right trace the concept back to ancient Greece and Rome during this are human rights were attached to natural law it was conceive that all rights of citizens came from natural and not the state or individuals. However the human right development story has multiple layers as it involves a dispute between those who believe in human rights and those doubts. Following below is a brief account of the important events for explaining historical background to the origin and development of human rights.

a) Early legal developments in the area of human rights are said to have emerged from the magna carta of 1215. The magna carta was a contract between the English king john and representative who were dissatisfied with the taxes being levied by monarchy. This agreement guaranteed the right for a free man not be arrested or detained in prison or deprived of his freehold or outlawed or outlawed or banished. Or in any way molested innless by lawful judgment of this peers and the law of the land

b) The English bill of right of 1689. The English bill of right of 1689 is also sometimes considered to be a stepping stone to day s texts on human right .the parliament declared that no excessive fine(be) imposed nor cruel and unusual punishment (be) inflicted

c) The work of a number of philosophers and writes: the work of a number of philosophers had a very concrete influence on the articulation of demands in the form of natural right of man same philosophers were such as John Locke, Jean Jacques Rousseau, Emmanuel Kant, Alan Gerwith, Jeremy Bentham, Thomas Paine, Olympe de Geuge, Marry Wollpastone Craft, Hersch Lauterpacht, ect.
1. John Locke’s second Treatise of Government published in 1690, considered men in ‘a state of natural’ where they enjoyed ‘a State of Liberty

2. Jean Jacques Rousseau’s The Social Contract published in 1762 developed the idea that and individual may have a private will and that his private interest may dictate very differently from the common interest. He also argued that following the genaral will makes man free.

3.. Emmanuel Kant: Emmanuel Kant, a German philosopher, also contributed to the contemporary appreciation of the importance of respecting human dignity as he developed two imperatives stated as follow:
4. Alan Gerwith: In the words of this modem philosopher, ” Agents and institutions are absolutely prohibited from degrading persons, and treating them as if they had no rights or dignity”. This is often the starting point for right theories that emphasize the importance of individual autonomy.

5. Thomas Paine: Thomas Paine was radical English writer who participated in the revolutionary changes affecting America. He emigrated to Africa in 1774 and in 1776 produced a widely read pamphlet call Common Sense which attacked the idea of rule by Monarchy and called for Republic government and equal rights among citizen. He also worked on the constitution of Pennsylvania and fot the subsequent abolition of slavery in that state. He further wrote a book entitled ‘Rights of Man’ which appeared in 1791 in defense of the French Revolution.

6. Olympe de Gouge: Olympe de Gouge made effort to promote a Declaration of the Rights of Women and a ‘Social Contract Between man and Woman’ with the view of regulating property and inheritance rights.

7. In England, Mary Wollstonecraft’s “Vindication of the right of Women” appealed for a revision of the French Constitution to respect the right of women, arguing that men could not decide for themselves what they judge would be best for women

8. Jeremy Bentham: In the 19^th Century, natural rights or the rights of man became less relevant to political change and thinkers such as Jeremy Bentham ridiculed the idea that ‘all men are born free’ as ‘Absurd and miserable nonsense’. For Bentham, the rights were legal right and it was the role of the law makers and not natural rights advocates, to generate and determine their limits.

9. Amartya Sen: Thus contemporary scholar had a different thinking from that of Jeremy Bentham for him; human rights are pre-legal moral claims that can hardly be seen as giving justiceable rights in court and other institutions of enforcement. He cautions against confusing human rights with legislative legal rights.

(d) The 1776 American Declaration of Independence: This is also taken to be one of the influential phenomenons to the birth and development of the practice of human right. It stated that:

“We hold these by their to be self-evident, that all men are created equal: that they are allowed by their creator with certain unalienable rights: that among these are life, liberty and the pursuit of happiness”

(e)The French Declaration of the Rights of man and of the Citizens of 1789. It contained articles which recognized and proclaimed that; “Men are born and remain free and equal in rights” and that “the aim of every political association is the preservation of the natural and invaluable rights of man.

These rights are liberty, property, security and resistance to oppression”

(f)The first World War event: The development and practice of human rights also has a bearing on the First World War. At the end of the war, Versailles Peace Treaty of 1919 established the League of Nations and the International Labour Organization (ILO). The League developed and promoted minorities’ treaties; fostered the development of international workers’ rights and worked on the abolition of slavery. Specifically, here there developments by the Lague cab be noted:

1. goal of fair and humane condition of labour for men, women and children was stated explicitly in the League Covenant
2. The human right of individual was granted legal protection on the bases of individual ties to a state and in order to reduce political tensions among states that might lead to war.

3.Workers right were to be recognized and protected as this was seen by some states as the best way to prevent their population from turning to communism and to reduce the aims of revolution

g) Inter war period: in this the inter war period there was some interest in developing the scope of international law to cover concern for individual right. Following the end of the Second World War, the united nations charter was respect for human right and obliged state to cooperate with UN for the promotion of universal respect for and observance of human right.

h) The Universal Declaration of Human Right (1948) the establishment of the United Nations organization signaled the beginning of a period of unprecedented international concern for the protection of human rights. Under the auspices of the UN, several key instruments were establish for the promotion and protection of human rights. The day after the adoption of the Gonocide Convention, the general Assembly proclaimed the universal declaration of human rights as a common standard of achievement for all peoples and all nations. Though not binding legal document but it contain actual human right obligations and states a common understanding of the people of the world concerning the inalieble and inviolable right of all member of the human family. Furthermore thought the universal declaration of human right the UN gave an international meaning to the expression human right. Since then various human right treaties have been developed. The following is an abridged version of those human rights contained in the universal declaration of human rights.

i. All human being are born free and equal in matter of dignity and Justine

ii. No human being should be discriminated against on whatever basis such as nationality, colour, religion, gender, social, class etc

iii. Every human being has the right to live a free life and to be assured of his/her security

(iv)It is prohibited to enslave any human being

(v)It is prohibited to persecute any human being or subject him or her to cruel treatment and humiliation

(vi) All human being are legal before the law and have equal right to be protected by the law. Every human being has the right to seek and get justice in the courts whenever her or she falls victim of violation of his or her basic right recognized in the constitution and the law of his/her country of residence

(vii)It is prohibited to arrest, detain or deport anyone from his or her country of nationality without fundamental reasons

(viii)Every accused person has the right to be heard and defend him/her in an independent and impartial court

(ix) It is prohibited to arbitrarily interfere with an individual person life such as his or her privacy, family, residence or communications

(x) Every person has the right toseek and live a descent life politically, economically, health wise and culturally.

(xi) It is prohibited to arbitrarily, interfere with an individual person life such as his or her privacy, family, residence or communications

(xii)Every person has the right to choose where to live so long as in so doing one does not interfere with other people‘s rights or the just laws of the country concerned

(xiii) Every person has the right to leave his or her country freely and return freely without undue obstacles

(xiv)Every person has the right to nationality. It is prohibited to strip someone of this his or her nationality without basic reasons or deny him or her the right to change his or nationality when he or she so wishes

(xv)Every human being individually or collectively has the right to own property

(xvii) It is prohibited to confiscate someone‘s property without a due and just legal process which guarantees a satisfactory compensation.

i) The international convention: following the adoption of the universal declaration of human rights the United Nations organizations human right commission began to work on a binding text in the form of a treaty together with measures for implementation. Two instruments were developed on the 16^th December 1966. These were: the civil and political rights convention (including right like rights to life, liberty, fair, trial, freedom of movement, thought, consciences, peaceful assembly, family and policy. It also prohibits slavery, torture, cruel, inhuman or degrading treatment and punishment, discrimination arbitrary arrest and imprisonment for debt) as well as the Economic, social and culture rights conventions (including right such as right to education, food, housing, health care, the right to work anad to just and favorable conditions of work. Both of these came into force in 1976. These two covenants taken together with the universal declaration of the human right area sometimes referred to as the International Bill of Rights.

i)In addition to the international bill of human rights these are other treaties that are considered core to the human rights system. They include the “international convention on the elimination of all forms of racial discrimination” which come into force in 1969 and prohibits any distinction exclusion restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition enjoyment or exercise, on an equal footing of human right and fundamental freedoms in the political, economic, social, cultural or any other field of public life.

iii)The other convention core to the human right system is the convention on the elimination of all forms of discrimination against women. This is designed to ensure women have equal access to political and public life as well as education, helth and employment. Under this convention which entered into force 1981, sates are also obliged: to modify the social and cultural patterns of conduct of men and women with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women.

(iv)The convention against torture and other cruel, inhuman or degrading treatment or punishment comes into force in 1987. The convention includes a definition of torture (for the purposes of the convection) and insists that any party to it undertakes obligations: to take measures to prevent acts of torture in any territory under its jurisdiction not to return any person to state where there are substantial grounds for believing that person would be in danger of being subjected to torture and to ensure that acts of torture can be prosecuted in the courts of that state even though those acts occurred abroad.

v)The convention on the rights of the child defines a child as every human being below the age of eighteen unless under the law applicable to the child, majority is attained earlier. This has historical roots in the Geneva Convention of 1924 which was the first international covenant to mention the rights of the child.

It seeks to protect children from practices that particularly endanger their welfare, including economic exploitation, trafficking, and illicit use of drugs and all forms of sexual exploitation and abuse. The guiding principles of the convention are the need to take into account the child’s best interests. Non discrimination, and respect for the wishes of the child. The convention was adopted in 1989 but enters into force in 199 and has become the most widely ratified of all UN human rights treaties. The only member states not to have ratified the convention are Somalia and the united state.

vi)
The other core human rights treaty is the international convention on the protection of the Rights of all Migrant Workers and their Families, which entered into force in 2003.

Unfortunately, the states that have accepted obligation under this treaty are mostly states that export migrant workers avoid the reach of this treaty and the prospect f supervision by the monitoring body.

vii) Two new treaties were adopted at the end of 2006. The first is the International Convention on the Rights of Persons with Disabilities. Key rights concern the right to work, and the right to education. States are obliged to refrain from discrimination on grounds of disability and to take measures to eliminate such discrimination by any person, organization or private enterprise.

The arrest, detention, abduction or any other form of deprivation of liberty committed by agents of the State or by persons or groups of persons acting with the authorization, support or deprivation liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law.

Protecting human rights through the treaties/conventions/covenants:

These treaties, and a series of parallel developments at the regional levels the Organization of American States the Council of Europe and the African Union, articulate a range of rights and testify to governments stated desire to protect human rights. But do they work? Clearly the daily evidence of human rights violations suggests that drafting and signing treaties is not enough Considerable effort has been expended to make the treaty guarantees more effective. This has been undertaken on a number of fronts.

First expert monitoring bodies have been established to examine the reports of governments on how they fulfill their human rights obligations. This involves a ‘constructive dialogue’ over two or three days and results in ‘concluding observations’ from the relevant committee. Some monitoring bodies engage in fact-finding and country visits. In the context of the prevention of torture, the Council of Europe’s expert body makes periodic and ad hoc visits to places of detention in 46 European states. A new UN committee is expected undertake similar visits to those states that ratify a new treaty

Second, under some treaties, complaints can be brought by aggrieved individuals against the state at the international level (usually only against those states that specifically recognize a right to complain under the treaty). In particular, one has to recognize the remarkable work of the regional bodies such as the European and American Courts of Human Rights and the African Commission on Human and Peoples’ Rights. These bodies have developed an impressive case-law which not only develops our understanding of the scope of human rights, but has led to some concrete protection and changes in the law. This system for individual complaints is at the same time remarkable for the volume of judgments delivered in Europe (the European Court of Human Rights delivered over 1,000 judgments in 2005) and for its astonishing under-utilization in the rest of the world (for example, in a

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