CHAPTER III

THE CONCEPT OF DEMOCRACY

Democracy may be a word familiar to most, but it is a concept still

misunderstood and misused at a time when dictators, single-party regimes, and
military coup leaders alike assert popular support by claiming the mantle of
democracy. Yet the power of the democratic idea has prevailed through a long and
turbulent history, and democratic government, despite continuing challenges,
continues to evolve and flourish throughout the world.1 Democracy, which derives
from the Greek word demos, or people, is defined, basically, as government in which
the supreme power is vested in the people. In some forms, democracy can be
exercised directly by the people; in large societies, it is by the people through their
elected agents. Or, in the memorable phrase of President Abraham Lincoln,
democracy is government of the people, by the people, and for the people.2 Freedom
and democracy are often used interchangeably, but the two are not synonymous.
Democracy is indeed a set of ideas and principles about freedom, but it also consists
of practices and procedures that have been molded through a long, often tortuous
history.
Democracy is the institutionalization of freedom. In the end, people living in a
democratic society must serve as the ultimate guardians of their own freedom and
must forge their own path toward the ideals set forth in the preamble to the United
Nations Universal Declaration of Human Rights: Recognition of the inherent dignity
and of the equal and inalienable rights of all members of the human family is the
foundation of freedom, justice, and peace in the world.3 Democracy is more than just
a set of specific government institutions; it rests upon a well - understood group of
values, attitudes, and practices - all of which may take different forms and expressions

1
Paula Becker and Dr. Jean-Aimé A. Raveloson. What is Democracy? Bachelor of Arts, Political
Science. University of Hamburg. 2008. p. 4.
2
Konrad-Adenauer-StiftungKonrad-Adenauer-Stiftung. Concepts and Principles of Democratic
Governance and Accountability. Uganda: ‘Action for Strengthening Good Governance and
Accountability press. 2011. p. 1.
3
Forbrig, Joerg. Revisiting Youth Political Participation, Challenges for research and democratic
practice in Europe. Europe: Council of Europe Publishing. 2005. p. 134.
 79

among cultures and societies around the world. Democracies rest upon fundamental
principles, not uniform practices.

3.1 Democracy: Definition and Origin

The concept of Democracy is traceable to the ancient Greeks and specifically
the city-state of Athens in the fifth century B.C. The word democracy is derived from
the Greek words ‘demos’, meaning people, and ‘Kratos’ meaning power or rule.
Directly translated, democracy therefore means ‘rule by the people’, although
originally the Greeks used it to mean the poor or the masses. Periclean Athens, named
after its most celebrated leader, has inspired generations of later political theorists,
statesmen, and common people alike. Yet many aspects of Athenian democracy
appear strange and unfamiliar to modern eyes. The central political institution in
Athens during the sixth and fifth centuries B.C. was the Assembly, usually composed
of 5,000 to 6,000 members and open to all adult citizens with the exception of
women, slaves and foreigners. By simple majority vote, the Assembly could decide
on virtually any domestic issue without any legal restrictions. Most remarkable,
perhaps, was the fact that the leaders of the Athenian Assembly were not elected, but
chosen by lot, as the Athenians believed that any citizen was capable of holding
public office.4
The problem with democracy has been its very popularity, a popularity that
has threatened the term’s undoing as a meaningful political concept. In being almost
universally regarded as a ‘good thing’, democracy has come to be used as a little more
than a ‘hurray! word’, implying approval of a particular set of ideas or system or rule.
In the words of Bernard Crick (1993), ‘democracy is perhaps the most promiscuous
word in the world of public affairs’5. A term that can mean anything to anyone is in
danger of meaning nothing at all.
Below are some of the meanings that have been associated with the concept of
democracy:
- A system of rule by the poor and disadvantaged;

4
Cincotta, Howard. What is Democracy? U.S. Department of State: Office of International
Information Programs. 2007. p. 7.
5
Heywood, Andrew. Politics. New York: Macmillan Press Limited. 1997. p. 65.
 80

- A form of government in which the people rule themselves directly and

continuously, without the need for professional politicians or public officials;
- A society based on equal opportunity and individual merit, rather than
hierarchy or privilege;
- A system of welfare and redistribution aimed at narrowing social
inequalities;
- A system of decision-making based on the principle of majority rule;
- A system of rule that protects the rights and interests of minorities by placing
checks upon the power of the majority;
- A means of filling public offices through a competitive struggle for the
popular vote;
- A system of government that serves the interests of the people regardless of
their participation in political office.
- A working definition for democracy in this paper will be ‘a form of
government in which power and civic responsibility are exercised by all adult
citizens, directly or indirectly through their freely elected representatives’6.

3.2 Main Characteristics and Features of Democracy

Democracy is more than just a set of specific government institutions; it rests
upon a well understood group of values, attitudes, and practices – all of which may
take different forms and expressions among different cultures and societies around the
world. Below are some core democratic characteristics:
- Democracy is government in which power and civic responsibility are
exercised by all adult citizens directly or indirectly through their freely elected
representatives.
- Democracy rests upon the principle of majority rule, which means that
decisions are made by majority and have to be accepted by all, but minority
viewpoints are respected and protected.

6
Cincotta, Howard. Democracy in Brief .U.S. Department of State, Global Publishing Solutions.
2007. p. 4.
 81

- Democracies guard against all-powerful central governments and

decentralize government to regional and local levels, understanding that all levels of
government must be as accessible and responsive to the people as possible. 7
- Democracies understand that one of their prime functions is to protect such
basic human rights as freedom of speech and religion; the right to equal protection
under the law; and the opportunity to organize and participate fully in the political,
economic, and cultural life of society.
- Democracies conduct regular free and fair elections open to all citizens of
voting age.
- Citizens in a democracy have not only rights, but also the responsibility to
participate in political systems that, in turn, protect their rights and freedoms.
- Democratic societies are committed to the values of tolerance, cooperation,
and compromise.

3.3 Types of Democracy

Democracies fall into two basic categories, i.e. direct/participatory and
representative democracy.
In direct democracy, citizens, without the intermediary of elected or appointed
officials, can participate in making public decisions. Direct democracy thus reduces
the distinction between government and the governed and between the state and civil
society; it is a system of popular self-government. It’s most common manifestation in
the modern era is the use of referenda.8 In Uganda, the practice of direct democracy
can be found at the local council 1 (village) level and during national referenda, as
was the case in 2005 when a referendum was held to change over from the Movement
system to a multiparty dispensation. Direct democracy is most clearly practicable with
relatively small numbers of people – in a community organization, tribal council, or
the local unit of a labour union, for example – where members can meet in a single
room to discuss issues and arrive at decisions by consensus or majority vote.
However, today, as in the past, the most common form of democracy, whether
for a town of 50,000 or a nation of 50 million people, is representative democracy, in
which the citizens elect officials to make political decisions, formulate laws, and
7
Ibid., p. 4.
8
Ibid., pp. 5-6.
 82

administer programmes for the public good. This type of democracy is limited and
indirect. It is limited in the sense that popular participation in government is
infrequent and brief, being restricted to the act of voting every few years. It is indirect
in that the public do not exercise power themselves; they merely select those who will
rule on their behalf. This form of rule is democratic only insofar as representation
establishes a reliable and effective link between the government and the governed.
In Uganda, for example, article 1(1) of the Ugandan Constitution provides that
‘all power belongs to the people who shall exercise their sovereignty in accordance
with the constitution’; Clause (4) provides that ‘the people shall express their will and
consent on who shall govern them and how they should be governed, through regular,
free and fair elections of their representatives or through referenda’.

3.4 Principles of Modern Democratic Rule

These are sometimes referred to as the pillars, tenets, or principles of
democratic rule. They differentiate democratic rule from any other types of
government. Any democracy around the world can be evaluated on the basis of these
principles.9 They include:
- Citizen participation: This means that citizens are part and parcel of what
happens in their society or country. The citizens are part of the decision-making
process on matters that affect them. Communication is a two-way consultative
process, i.e. bottom-up as well as top-bottom before any decision is reached.
- Equality: This means equality before the law, equality of opportunity in the
realization of individual capacities without regard to one’s race, gender, ethnic
background, religion or whatsoever.
- Political tolerance: This means the ruling masses are mindful and respectful
of the interests of the minority. While there may be differences between the people by
way of race, religion, descent and culture they rise above such differences and give
room for discussion, debate and accommodation of different viewpoints.
- Accountability: This is when elected leaders or public officials have to
answer to the common citizens regarding their actions, decisions or indecisions during
the time they are or were occupants of the public offices. Those found to be
9
Athan G. Theoharis. The FBI and American Democracy: A Brief Critical History. London:
University Press of Kansas. 2004. p. 31.
 83

performing to the required standards are rewarded by their continued stay in office
while those found to be lacking in one way or another are punished.
- Transparency: To be transparent means that leaders allow for public
scrutiny of what they do while in public office. The citizens are allowed to attend
public meetings and are free to obtain information on what happens in public offices,
who makes what decisions and why. Transparency is a step towards accountability.
- Regular, free and fair elections: Regular elections ensure that the citizens
are not stuck with bad leadership but that they have the opportunity to throw out
incompetent leaders through free and fair elections. Free and fair elections give the
citizens a chance to elect a leader of their choice as opposed to rigging elections that
return often unwanted leaders to power.10 Elections are the main avenue for all
citizens to exercise power by choosing their leaders and giving their vote to the
candidate whom they think will represent them best.
- Economic freedom: Economically handicapped citizens are the ones prone
to all types of abuses as they lack the economic base to meet the basic necessities of
life. As a result they are the ones often bribed with the smallest of gifts during
elections, the consequences of which are often adverse, such as returning corrupt and
morally bankrupt leaders to power. Economic independence creates the foundation on
which the citizens become vibrant and thus able to call their leaders to account for
their actions or inaction. In democracies, economic pluralism needs to go hand in
hand with political and social pluralism, i.e. the freedom to choose/select one’s
political leaders and the freedom to belong to one’s social/cultural associations,
respectively.
- Control of the abuse of power: Any government without checks and
balances on its powers is likely to abuse those powers. The most common form of
abuse of power is corruption by government officials. Control of power can be
achieved through a number of ways, i.e. by way of separation of powers of the three
arms of government – the legislature, executive and the Judiciary – and by ensuring
the independence of the three. Another way is by creation of institutions such as the
government ombudsman (Inspector of Government in the case of Uganda), which

10
Kenneth Janda, Jeffrey Berry, Jerry Goldman, Deborah Schildkraut. The Challenge of
Democracy. United States of America: Cengage Learning. 2012. p. 2.
 84

watches over the performance of government officials in relation to the agreed

standards and ethics.11
- Bill of rights: This imposes controls on government powers in a bid to
protect the citizens from abuse by heavy-handed leaders. As such, the bill of rights
seeks to protect the rights and freedoms of the citizens by way of ensuring that this
protection is enshrined in the constitution of a given country.
- A culture of accepting the results of elections: Once free and fair elections
are held and a winner clearly emerges, the loser of the elections should without
resistance evacuate office and hand over the instruments of power to the winner.
However, it is also important that once voted into power, the leaders should rule for
the benefit of all citizens regardless of the fact that some did not vote for them.12
- Human rights: Unlike dictatorships, democracies strive to protect the rights
and freedoms of their citizens from abuse. These rights include the right to life, the
right to own property, the freedom of expression, the freedom to associate, and the
freedom to assemble, among others.
- Multi-party system: A multiparty system is a set-up where there are more
than two political parties contesting for power. The reasons for having multiple
parties in a democracy are: to widen the pool for choice of the best candidate for
political office; to offer alternative views to the government of the day as a result of
the existence of an opposition; and to enable the opposition to act as a check on those
in political office. One-party systems lead to a lack of alternatives for the citizens and
concentration of powers and have often led to dictatorships.
- Neutrality of state institutions: State institutions such as the police and the
army should be neutral and not take sides or be politically partisan.
- Rule of law: This implies that no one is above the law and requires that all
citizens observe the law and are held accountable if they break it. The due process of
law requires that the law should be equally, fairly and consistently enforced. The rule
of law ensures law and order and the protection of citizens as they enjoy their rights.

11
Robert D. Putnam, Robert Leonardi, Raffaella Y. Nanetti. Making Democracy Work: Civic
Traditions in Modern Italy Princeton paperbacks. United Kingdom: Princeton University press.
1994. p. 121.
12
Dr Markus Thiel. The 'Militant Democracy' Principle in Modern Democracies. USA: Ashgate
Publishing, Ltd. 2013. p. 5.
 85

3.5 Democratic Institutions and Actors

The success of democracy in a country is dependent on having strong
institutions. These institutions include the three arms of government: the Legislature
(Assembly, Parliament), the Executive and the Judiciary.13
Assemblies are respected because they are composed of lay politicians who
represent the people rather than by trained public officials. Assemblies are invested
with formal law-making power, thus the name legislators. Assemblies6 provide a link
between government and the people, a channel of communication that can both
support government and help to uphold the regime and force government to respond
to public demands and anxieties. The major functions of assemblies are:
- Legislation: As representatives of the people, the legislators are vested with
the power to make laws on behalf of the citizens. This makes the laws binding
because legislators execute this function on behalf of the people, meaning that the
people themselves make their laws. It is in parliament that discussion and debate of
proposed laws take place.
- Representation: As noted above, assemblies play a representative role
providing a link between government and the people. Because we cannot all sit in
parliament, the elected members of parliament thus serve a delegated function.
- Scrutiny and oversight: Greater emphasis has been placed on the ability of
assemblies to constrain or check government power. This is what makes assemblies
scrutinizing bodies whose major function is to deliver responsible and accountable
government. It is for the same reason that the concept of checks and balances is used
when looking at the three arms of government, especially parliament that has to
scrutinize and oversee the activities of the executive and the judiciary.14
- Recruiting and training: Assemblies often act as the major channels of
recruitment, providing a pool of talent from which leading decision makers emerge.
Parliament is a training ground because it is where the lay representatives of the
people acquire oratorical skills and learn how to debate and make laws, functions that
build their capacity to fill other political offices.

13
Peter R. Kingstone, Timothy Joseph Power. Democratic Brazil: Actors, Institutions, and
Processes Pitt Latin American series. USA: University of Pittsburgh press. 2000. p. 126.
14
The Board of Trustees of the Leland Stanford Junior University. Building Democratic
Institutions. United States of America. Stanford University press. 1995. p. 27.
 86

- Legitimacy: Assemblies promote this function by encouraging the public to

believe that the system of rule above them is rightful. It is for the same reason that
even authoritarian regimes tolerate assemblies.
The Executive branch of government is charged with the function of
implementing or executing the law. This is the core of government, as noted by
Heywood, because political systems can operate without constitutions, assemblies,
judiciaries and even parties, but they cannot survive without an executive branch to
formulate policy and ensure that it is implemented. The executive is the source of
political leadership. In the broadest sense, the executive is the branch of government
responsible for the implementation of laws and policies made by the legislature. The
executive branch extends from the head of government to members of the
enforcement agencies such as the police and the military and includes both ministers
and civil servants.15 More commonly, the term is used in a narrow sense to describe
the smaller body of decision-makers who take overall responsibility for the direction
and coordination of government policy.16
Besides the major function of providing leadership at the highest level of the
state, the following are the other functions of the executive:
- Ceremonial duties: Heads of state, chief executives and, to a lesser extent,
senior ministers or secretaries represent for the state. The role performed by these
executive leaders is often formal and ceremonial as they may be tasked to represent
their governments at state occasions, international conferences and ratification of
treaties and in foreign visits.
- Control of policy-making: The key function of the political executive, as
mentioned above, is to direct and control the policy process and policy
implementation.
- Popular political leadership: The popularity of the political executive, more
than any other part of the political system, is crucial to the character and stability of
the regime. The political executive’s role is to direct and control the policy process.

15
Carlos G. Scartascini, Ernesto Stein, Mariano Tommasi. How Democracy Works: Political
Institutions, Actors, and Arenas in Latin American Policymaking. USA: Inter-American Development
Bank. 2010. p. 42.
16
U.S. Department of State. Democracy is a Discussion: Civic Engagement in Old and New
Democracies. A Joint Publication of the U.S. Department and Connecticut College. 1997. P.45.
 87

The political executive is looked to, in particular, to develop coherent economic and
social programmes that meet the needs of more complex and politically sophisticated
societies, and to control the state’s various external relationships in an increasingly
interdependent world. At policy level, it is the ability of the executive to mobilise
support that ensures the compliance and cooperation of the general public. Without
support from the public, or from other key groups in society, policy implementation
becomes difficult or impossible.
- Bureaucratic management: The task of overseeing the implementation of
policy means that the political executive has a major bureaucratic and administrative
responsibility. In this sense, the chief executive, ministers and secretaries make up the
top management charged with running the machinery of government.
- Crisis response: The biggest advantage that the political executive has over
the other two arms of government is its ability to take swift and decisive action. When
crises break out in domestic or international politics, it is the political executive that
swings into action by virtue of its hierarchical structure and the scope it provides for
personal leadership. It is for this reason that the assemblies17 allow political
executives near-dictatorial powers in times of war, and for executives to seize
emergency powers when confronted with domestic crises such as natural disasters,
terrorist threats, industrial unrest and civil disorder.
The third arm of government is the Judiciary that is empowered to decide legal
disputes. The central function of judges is to adjudicate on the meaning of law, in the
sense that they interpret or construct law. This function arises because the makers of
law, i.e. the legislators are very often lay people as concerns matters of law. In
countries with written/codified constitutions, the function of the judges also involves
the interpretation of the constitution itself and this allows judges to arbitrate in
disputes between major institutions of government or in disputes between the state
and the individual.
One of the chief characteristics of the judiciary in liberal democratic systems
is that judges are strictly independent and non-political actors. This, however, remains
a very controversial and debatable issue in many countries where the involvement of

17
Michael H. Bernhard. Institutions and the Fate of Democracy: Germany and Poland in Twentieth
Century. USA: University of Pittsburgh press. 2005. p. 20.
 88

judges in matters which are political is concerned. To ensure the impartiality of court
rulings18 judges, whether appointed or elected, must have job security or tenure
guaranteed by law, so that they can make decisions without concern over pressure or
attack by those in positions of authority.
The other democratic institutions and actors include the media, civil society,
political parties and, especially, a strong opposition in parliament.
A free and independent media is important in a democracy as it is the
mouthpiece for reaching out to the masses. As modern societies grow in size and
complexity, the arena for communication and public debate has become dominated by
the media. The media includes radio, television, newspapers, magazines, books and,
more recently, the internet and satellite television. The functions of the media are:19
- Information and education: The media has a central role to play in informing
and educating the citizens and in providing accurate information to public consumers.
It facilitates intelligent decisions about public policy by hosting debates and
dialogues. This role is especially important during election campaigns when few
voters will have the opportunity to see, much less talk, with candidates in person.
- Advocacy: Media audiences may benefit from various conflicting opinions,
in order to obtain a wide range of viewpoints.
- Acting as watchdog over government and other powerful institutions in
society: By holding to a standard of independence and objectivity, however
imperfectly, news media can expose the truth behind the claims of governments and
hold public officials accountable for their actions.
- Setting the agenda: Because the media cannot report on everything, they
must choose issues to highlight and which to ignore. This way the media decides what
news is and what is not. These decisions in turn influence the public’s perception of
what issues are most important.

18
Ian Shapiro, Stephen Macedo. Designing Democratic Institutions. New York: NYU press. 2000. p.
226.
19
G. Shabbir Cheema. Building Democratic Institutions: Governance Reform in Developing
Countries. USA: Kumarian press. 2005. p. 201.
 89

A political party is a group of people that is organized for the purpose of

winning government power, by electoral or other means. The major functions of
political parties are to:20
- recruit and socialize new membership;
- nominate and campaign to elect public officials;
- draw up policy programmes for the government if they are in the majority;
- offer criticisms and alternative policies if they are in opposition;
- mobilise support for common policies among different interest groups;
- provide structure and rules for society’s political debate;
- enhance representation of the electorate;
- articulate interests as the citizens make demands to their governments;
- mobilise the citizens to participate in political and development processes.
Interest groups and civil society organizations (CSOs), including
nongovernmental organizations (NGOs), are another key element in a vibrant
democracy. A citizen21 may be a member of a number of private or voluntary
organizations, including interest groups that try to influence public policy and sway
public officials’ views. Democracy protects the rights of ‘special interest’ groups to
organize and advocate their causes. NGOs attempt to serve the needs of a community,
a nation or a cause, which may be defined globally. NGOs try to supplement or even
challenge the work of government by advocating, educating, and mobilizing attention
around major public issues and monitoring the conduct of government and private
enterprises. NGOs may provide expertise and personnel on the ground for the
implementation of government-funded projects. NGOs may be politically unaffiliated
or they may be based on partisan ideals and seek to advance a particular cause or set
of causes in the public interest. Whatever their nature, NGOs operate under minimal
political control of states.

3.6 Democracy as a Value

Values are things people cherish and will protect to ensure their survival.
Culture, which by simple definition is the way of life of a given people, is a good

20
Ibid., p. 202.
21
Anne-Marie Gardner. Democratic Governance and Non-State Actors. United Kingdom: Palgrave
Macmillan. 2011. p. 56.
 90

example of an embodiment of values. Democracy as a value, then, means that people

will do anything to protect it as it is a part of their culture, thus a way of life of a given
people. Like any aspect of culture, members of society need to be socialized into
embracing democracy and its ideals. Socialization, which is the process of
transmission of (democratic) values, can be achieved in two ways. The first is a
formal process of learning or schooling which entails a structured learning
programme through a school curriculum which members of a given society will be
required to learn. Civic education, for example, can be achieved through a formal
process of learning. The second is through an informal process of transfer of values of
democracy. As democracy becomes a way of life among a given people, democratic
values are passed down from one generation to another, sometimes through a non-
deliberate process during the early stages of one’s socialization. Simply put,
‘democracy is a day-to-day practice where:
- human beings are regarded as equals;
- every person is respected;
- everyone’s role is understood and appreciated;
- everybody has the opportunity to be heard and understood;
- everybody has the right to participate in decision-making on matters that
affect their lives;
- everybody has the right to vote on issues and elect their leaders.’22
For democratic values to be passed on to the members of a given society,
formally or informally, the political culture within a given country should be
conducive to democratic ideals. For example, it is difficult to expect democracy to
take root in a dictatorship. Even where the climate is conducive to the success of
democracy, it has to become part and parcel of the people’s culture.
Understanding democracy as a value also means that it will be practiced at all
levels and in all spheres of life. It is not just limited to areas of formal political
leadership but instead forms a guiding principle, even in everyday life. Thus, if
democracy as a value is being understood, supported and internalized by the citizens it
should be practiced, for example, in families, communities, schools, at workplaces

22
Nariné Ghazaryan. The European Neighbourhood Policy and the Democratic Values of the EU: A
Legal Analysis. United Kingdom: Bloomsbury Publishing. 2014. p. 95.
 91

and within CSOs. That way, every citizen in a democratic society is socialized into
the society’s democratic norms and practices.23

3.7 Citizens in a Democracy

Citizen participation is paramount for the success of democracy. If the
decision making process excludes the masses, one cannot talk of a democracy. For
meaningful citizen participation in the politics of their country and, thus, the success
of democracy, it is necessary that citizens know their roles and duties in a democracy.
Besides this, the task of citizens is to nurture institutions and practices that are
compatible with local conditions and conducive to democratic aspirations. In nations
still labouring under the burden of authoritarian regimes, the challenge is to expand
the small arenas of liberty that exist within the interstices of oppression.24
As noted in the Human Rights Declaration and reiterated in Chapter Four of
the Constitution of Uganda, the citizens’ rights include:
- Equality and freedom from discrimination;
- Protection of right to life;
- Protection of personal liberty;
- Respect for human dignity and protection from inhuman treatment;
- Protection from slavery, servitude and forced labour;
- Protection from deprivation of property;
- Right to privacy of person and other property;
- Protection of freedom of conscience, expression, movement, religion,
assembly and association;
- Right to education;
- Rights of women;
- Rights of children;
- Rights of persons with disabilities;
- Protection of minorities;
- Right to culture;

23
Michael Goodhart. Democracy as Human Rights: Freedom and Equality in the Age of
Globalization. United Kingdom: Routledge. 2005. p. 138.
24
Marieke van Doorn and Roel von Meijenfeldt. Democracy, Europe's Core Value? On the
European Profile in World-wide Democracy Assistance. The Netherlands: Eburon Uitgeverij B.V.
2007. p. 135.
 92

- Civic rights and activities;

- Right to a clean and healthy environment;
- Right of access to information;
- Right to just and fair treatment in administrative decisions.
Alongside the rights are citizen responsibilities15 listed below:25
- Compliance with legitimate laws and institutions. This includes the
protection of the constitution from unnecessary changes and abuse;
- Acceptance and respect of the rule of the majority;
- Payment of taxes by the citizen;
- Monitoring and protecting the use of public funds from abuse;
- Cooperation with local authorities such as local councils and the police;
- Exposing criminals and preventing criminal activities;
- Citizen participation in the development of their community;
- Voting for responsible leadership;
- Holding leaders accountable for their plans and actions;
- Having the right information at the right time in order for one to be a
meaningful participant in the decision-making process;
- Protecting, sharing and use of natural resources in a sustainable manner;
- Being tolerant to others who have different views and opinions;
- Practicing democratic ideals in our homes, places of work and wherever we
find ourselves.

3.8 Human Rights and Individual Freedoms in a Democracy

Human rights are universal legal guarantees that protect the fundamental
freedoms and human dignity of every individual. These rights affirm that every
human being is entitled to equal treatment and opportunities, regardless of gender,
economic status, ethnicity etc. Human rights can be civil, cultural, social, economic or
political.
Human rights are universal, equal and interdependent. They protect
individuals and groups, oblige the state and all its institutions and cannot be waived or
taken away. Human rights and fundamental freedoms are enumerated in the Universal

25
Ibid., p. 136.
 93

Declaration of Human Rights and in various international and regional treaties as well
as national constitutions.
These instruments oblige the government to protect the citizens from
violations of human rights and also limits the government’s ability to interfere with
the rights of the individual.26
Many commentators think that democracy and human rights are different sides
of the same coin and that advance in one necessarily brings advance in the other.
Conceptually, the two share a commitment to well-being and a set of principles
around accountability, representation, transparency, participation and inclusion.
Empirically, analyses have indeed shown a positive and significant relationship
between the two across large samples of countries and time. At both the conceptual
and the empirical level, however, there are certain challenges to the naïve view that
‘all good things go together’. Conceptually, democracy and human rights share
certain features, while other features remain quite distinct. Where democracy offers
political accommodation, spaces for deliberation and negotiation and the possibility
for peaceful resolution of conflicts, human rights are grounded in a strong moral
discourse and fortified through the rule of law, which has a particular judgmental and
‘adjudicative’ way of resolving disputes and finding particular actors and parties in
breach of their legal obligations. This judgmental, adversarial and confrontational
orientation of human rights, while motivated by a shared set of principles, can
sometimes be at odds with democracy and its ability to find common ground between
and among contending groups.27
While there are many studies in political science and international relations
that demonstrate the positive and significant relationship between democracy and
human rights (Landman 2005a), it is vitally important to understand that such a
relationship is very far from perfect. It was popular at the end of the last century to
identify the problem of ‘illiberal democracy’ as a trend among transitional countries
that had managed to establish basic democratic institutions, hold several free and fair
elections and guarantee at least the chance that the opposition could win power while

26
Falk, R. Human Rights Horizons: The Pursuit of Justice in a Globalizing World. London:
Routledge. 2000. p. 43.
27
Foley, Michael and Edwards, Bob. The Paradox of Civil Society, Journal of Democracy, 7 (3): 38-
52.
 94

at the same time fail to provide protection for a wide range of different human rights
(Diamond 1999; Zakaria 2003; Landman 2005a). This ‘human rights gap’ is a
significant challenge not only for the new and restored democracies in the world but
also for the old and established democracies. The nature of precariousness developed
in this book is one that affects all societies, and defenders of human rights need to
remain vigilant in all political contexts. Explanations for the gap include weak state
institutions and the failure of a human rights culture to grip national consciousness in
ways that inculcate human rights values throughout societies.28
The post-9/11 ‘war on terror’ demonstrated how quickly long-fought and long-
held commitments to human rights can be undermined through appeal to external
threat and the priorities of national security. Democratic publics are quick to rush in
legislation that centralizes executive authority and provides legal means to subvert
rights protection at national and international levels. The international community
roundly condemned the Bush Administration’s rewriting (or reinterpreting) of
international law in ways that justified the use of extraordinary rendition, the
detention of ‘enemy combatants’ and the use of ‘intensive interrogation techniques’
such as waterboarding (Blakeley 2011). The election of Barack Obama in 2008 led
many to expect a reversal of such policies, which by and large has happened, but in
their place, President Obama has increased the use of targeted assassination carried
out primarily through drones and remote warfare, which many believe runs afoul of
international law.29 In late 2011, President Obama signed the National Defense
Authorization Act (NDAA), which codifies into law indefinite military detention
without charge or trial. The provisions in the act authorize the president to order the
military to pick up and imprison people who are captured anywhere in the world
indefinitely. The use of such practices sends strong and contradictory signals to both
allies and enemies of the United States in ways that continue to undermine human
rights and limit the ‘soft power’ (Nye 2005) of the world’s democracies.

28
Diamond, Larry. Democracy in Development. Baltimore: Johns Hopkins University press. 1999. p.
92.
29
Donnelly, J. Human Rights in Theory and Practice. Ithaca and London: Cornell University press.
1989. p. 73.
 95

3.9 Civil Society and Civic Action in a Democracy

Civil society has been defined variously. Civil society or civic space occupies
the middle ground between government and the private sector. It is not where we vote
and it is not where we buy and sell; it is where we talk with neighbours about the
things that concern our families and wellbeing, how to improve our community
school, how our church or mosque can help widows and orphans in our community,
or where we organize a football match for our youth. In this domain, civil society are
‘public’ beings and share with government a sense of publicity and a regard for the
general good and commonwealth; but unlike government, civil society does not lay
claim to exercise of a monopoly of legitimate coercion. Rather, civil society works
voluntarily and in this sense inhabits a ‘private’ space devoted to the cooperation
(non-coercive) pursuit of public good. This neighbourly and cooperative domain of
civil society shares with the private sector the gift of freedom: it is voluntary and is
constituted by freely associated individuals and groups; but unlike the private sector,
it aims at the common good and consensual, i.e. integrative and collaborative, modes
of action. Civil society is thus public without being coercive, voluntary without being
privatized.30
Civil society, though, is a necessary arm that helps to ensure that the state is
kept in check in its interactions with the citizens. On the whole, therefore, the concept
of civil society is an overarching one that subsumes within it a variety of social
formations, including social movements, NGOs, trade unions, professional
associations, students’ organizations, women organizations, youth organizations and
religious and traditional institutions.31
To promote political pluralism and democratic participation and representation
at local government level, CSOs and their membership should be trained and be
conversant with the issues involved. Civil CSOs are well placed to carry out civic
education and empowerment of the people because:

30
Timm Beichelt. Civil Society and Democracy Promotion Challenges to Democracy in the 21st
Century.United Kingdom: Palgrave Macmillan. 2014. p. 26.
31
Lars Tragardh, Nina Witoszek and Bron Taylor. Civil Society In The Age Of Monitory
Democracy. New York: Berghahn Books. 2013. p. 291.
 96

- their ability to easily mobilise and network with grass-roots communities

across the country as well as their participatory approaches that lead to effective civic
empowerment.
- they are known for appreciation of synergistic linkages which are necessary
for a broad civic education programme.
- a wide variety of CSOs, including both local and international NGOs, faith
based organizations, human rights bodies, professional bodies, theatrical groups,
network bodies and community groups have been involved in civic education in
Uganda. Equipping them with more skills would be value addition in promoting
democratic governance in local governments.
A number of CSOs with a good track record in delivering civic education can
be identified. In a previous survey, for example, a number of CSOs were engaged in
the delivery of the community-based civic empowerment component in32 districts of
the country.33 Using a variety of approaches, including forum theatre, road shows,
publications, workshops, church sermons, and community meetings, the CSOs
partnered with local leaders to deliver messages to over 75,000 people, including
women, men and youth. Furthermore, many CSOs are already implementing
programmes with some measure of citizen empowerment. For example, CSOs
involved in rights awareness, good governance, peace-building, gender issues and
conflict transformation issues are already advancing the importance of citizens’
participation in decision-making and monitoring of governance processes.
CSOs can contribute in several ways to the promotion and strengthening of
democracy:
- Limit and control the power of the state by checking and monitoring political
leaders, state officials and institutions;
- Lobby for access to information, raise public concerns about bad governance
and abuse of power, and expose corruption;

32
Nancy Gina Bermeo, Philip G. Nord. Civil Society Before Democracy: Lessons from Nineteenth-
century Europe. United States: Rowman & Littlefield. 2000. p. xv.
33
Gideon Baker, David Chandler. Global Civil Society:
Contested Futures Routledge Advances in International Relations and Global Politics. United
Kingdom: Routledge. 2004. p. 6.
 97

- Promote political participation by educating people about their rights and

obligations as citizens in a democracy (including voter education); Deepen the
democratic culture in the population by promoting democratic values and providing
opportunities for practicing these values;
- Provide alternative networks for constructive dialogue on cooperation for
citizens and provide new forms of solidarity across tribal, religious or other divisions;
- Express the interests of different stakeholders and societal groups and
provide opportunities for dialogue and lobbying with political actors and government
institutions;
- Provide training for civil society activists, multipliers, peer educators and
even future politicians;
- Mediate and help to resolve conflicts;
- Monitor elections;
- Disseminate information and thereby complement the role of the media.
CSOs, however, do have their own weaknesses that need to be addressed in
order to strengthen their performance and make their participation in delivering civic
education at local government level more effective. Many CSOs are bedeviled by
institutional weaknesses – specifically in the areas of training, communication skills,
gender analysis, planning, co-ordination, monitoring and evaluation. Although CSOs
often claim to represent grass-roots networks, their co-ordination mechanisms can
sometimes be weak – even when they are known to appreciate synergistic linkages-;
apart from the delays this causes, this deficiency also affects quality assurance. CSOs
are also perceived as ‘traditional’ in outlook and slow at adopting modern and faster
methods of delivery.34

34
Keane, J. Global Civil Society? Cambridge: Cambridge University press. 2003. p. 74.