SAFEGUARDING THE RULE OF LAW AND DEMOCRATIC GAINS: LESSONS FROM SUBSAHARAN AFRICA

Abstract

While discussing the safeguards of the rule of Law and democracy in Africa ,I would
like from the very beginning to point out that I am constrained to assert that democracy is
an essential element of rule of law, since the basic element of rule of law is that rules are
binding on all members of a society, including those who have economic or political
power. Therefore those who violate rules have to be sanctioned. As such, an
independent and efficient judiciary is very necessary. It is up to each people to ask for
democracy within its specific historical, cultural, economic and political situation. I am
not convinced about “exporting” the European style of democracy to Africa. One of the
worst examples is the first elections in DR Congo which brought Joseph Desire Kabila
to power protected by French and German troops.I will cite some examples from Sub
Saharan Africa as opposed to making broad, universal claims about safeguarding rule
of law and democracy gains because it is through the application of democracy that it
achieves its meaning. Unless applied to the lives of ordinary people in a specific
situation, rule of law and democracy remain an indefinable and untested concepts. Last
but not least, in my view it is first of all up to citizens of a given country to try to organize
themselves (and may be create networks with citizens of neighbouring countries), if each
one million people realizes one little step forward, that might create a big impact.