In the absence of democratic principles, tyranny reigns

thato_motaungAuthor: Thato Motaung
Researcher, Centre for Human Rights, Faculty of Law, University of Pretoria

International Day of Democracy: 15 September 2014

“You may choose to look the other way but you can never say again that you did not know.” – William Wilberforce​

When the world celebrated the International Day of Democracy (15 September 2014), I reminded myself of some of the key tenets of democracy, namely: free and fair elections, the rule of law, the upholding of fundamental rights and freedoms — to name but a few. The mention of the rule of law in particular raised red flags in my mind as I pondered where to place Eritrea when choosing between definitions of democracy and autocracy.

The rule of law and the respect for human rights stand as prerequisites to realising democratic statehood. The laws which govern a state are enshrined in a constitution; a constitution sets the parameters for lines that cannot be crossed; the principles by which a state should conduct itself. Where then does one begin to place or reference these barriers in a country with no constitution? Who has legitimacy in decision-making? What legal standards are used? The lines continue to blur…

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