Global Research, October 29, 2015

Rwanda has never, since its independence from Belgium, experienced peaceful transfer of power from one “elected” president to another. Each president that grabs power declares himself the only Rwandan capable of ruling. Each regime comes in power because they want to remove the dictator from power and hand the mantle of state power to ” the people.” Change from one regime to another has always been bloody in Rwanda.
In 1994 General Paul Kagame defeated General Habyarimana after a bloody four year civil war. General Habyarimana had made himself ” the father of the nation” and an irreplaceable president of Rwanda. General Kagame and his RPF/A waged the 1990-1994 war because General Habyarimana had closed all the possible venues for peaceful transfer of power. General Kagame and his RPF/A sounded determined to hand power over to ” the people” after the war. Over a million Rwandans perished during the war.
General Kagame and his Rwandan Patriotic Front (RPF) party: More of the same
After the war and massacres that brought Gen Kagame and his RPF/A into power, Gen Kagame’s diagnosis of Rwanda’s problem was ” bad political leadership and clinging on to power. To address this problem, Gen Kagame and his RPF/A wrote the 2003 Rwanda Constitution. Article 101 of the 2003 Constitution provides, inter alia , ” no person shall be president for more than two terms”. Each term is 7 years under the 2003 Constitution of Rwanda.
Gen Kagame’s second and last term under the 2003 constitution of Rwanda is due to expire in 2017. General Kagame claims that no Rwandan is capable of leading the country and ” the people” need him to consolidate his “achievements”.
Constitutional amendment to keep General Kagame in office:
In a bid to legitimize his broad scheme to cling to power, Paul Kagame deployed his brutal security apparatus, at all levels of his administration, to compel ” the people” to petition Parliament to change the law regarding term limits. Millions of Rwandans, including those who cannot read and/or write, “wrote” to Parliament ” begging” for a constitutional amendment. The General then instituted a ” constitutional review commission” which ” consulted” the people before Parliament passed the constitutional review proposal on October 28th, 2015.
The new law of the jungle:
Parliament approved various amendments including Article 167 which provides that: Considering the citizen petitions preceeding [preceding] the coming into force of this revised Constitution that were informed by the nation-building achievements and creation of a sustainable development foundation, the President of the Republic completing the term of office referred to in Paragraph One of this Article may be re-elected for a seven (7) years term of office. The President of the Republic who has completed the term of office of seven (7) years referred to in [ ...] this Article may be re-elected as provided for by Article 101 of this Constitution.
Article 168: Senators Senators in office at the time of commencement. Article 167 comes under a Section termed ” Transitional Provisions”.
Article 101 provides that ” The President of the Republic is elected for a term of office of five (5) years. He/she may be re-elected only once.”
A most unusual law:
Article 167 read together with Article 101 has many implications.
First, the “amendment ” has created an exception for the current president and military commander of Rwanda. Article 101 will be shelved until after seven years – the exceptional term created for him after 2017 – when Kagame will start running for a five year term, renewable only once, giving Kagame a chance to rule for 17 years after 2017. This is confirmation that “some animals are more equal than others ” in this Animal Farm, thereby rendering the constitutional principle of equality before the law null and void.
Second, the law does not mention whether or not, if Kagame died or otherwise becomes incapacitated after 2017 but before 2024, Article 101 would come into force immediately. In any case, a constitutional provision ( the proposed Article 101) that shall not come into force until after 7 years is a most unusual law.
Third, the amendment creates ” transitional provisions” in a constitution without a provisional government. “Transitional provisions” without a transitional government prove that what Kagame’s junta has completed is a constitutional coup, not an “amendment to the constitution,” as they call it.
Charles Kambanda is a Rwandan American attorney, a former law professor at the National University of Rwanda, and an apostate member of the Rwandan Patriotic Front, now living in exile in New York City.
The original source of this article is Global Research
Copyright © Charles Kambanda, Global Research, 2015
EM
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Why no outrage especially from Kagame’s Western friends? Silent indignation is not enough. The silence is deafening.
oa
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-- kenneth w. harrow faculty excellence advocate professor of english michigan state university department of english 619 red cedar road room C-614 wells hall east lansing, mi 48824 ph. 517 803 8839 har...@msu.edu
-- kenneth w. harrow faculty excellence advocate professor of english michigan state university department of english 619 red cedar road room C-614 wells hall east lansing, mi 48824 ph. 517 803 8839 har...@msu.edu
There is more to life and living than economic prosperity. Kagame is loved in the West and in the eyes of many there, he can do little wrong. He has a bloody past though and it is not certain that he is truly born again. The republic of Congo cauldron is still steaming. Kagame having become Rwanda’s president, seems to have chosen to build that country in his own image. Kagame is an acolyte of Uganda’s President Museveni who is all but an undeclared president for life. He seems to have learned all his politics from Museveni. Will Rwanda go the way Uganda has gone? That is the question.
I get the impression that the case made below is that the end justifies the means. So long as the political leader grows the economy, he should remain leader. Kagame may indeed be transforming Rwanda’s economy. Does the manner of this transformation and the real and perceived costs of this transformation to the majority of Rwandans who are not Kagame’s fellow Tutsi not matter? I will argue that they do. Is there a worse way to transform a country than to exclude an ethnic majority of the population- Hutus, talk less of the super minority Twa, from the real leadership of the country? Is this not a sure recipe for crises sooner or later? Rwanda’s recent frictional history should be instructive in my opinion.
Kagame as I remember, is an insurgent apparently in politics firstly, to protect his Tutsi people who were the majority of victims of the genocide in that country. Is he setting the stage for history to repeat itself even if not exactly? The lessons of the genocide and its causes should not be lost on him as he makes himself king in all but name. Rwanda has been on that journey- a long-term Tutsi dominated monarchy/government before and that journey did not end well.
The comparison to Singapore may be less apt than it seems. Singapore is a small country. Her population is less fractured and less restive than Rwanda’s. Her late autocratic leader Lee Kuan Yew’s Chinese people are the majority population. Rwanda is therefore different. She has a long history of the minority Tutsi oppressing the majority Hutu. Lee Kuan Yew did not amend the constitution to make himself leader for life I might add.
Kagame and some who speak for him seem to me to believe that man lives by bread alone. It was said a long time ago that it is not so. As important as economic issues are in every county, there are other equally important issues- political, cultural and others. Shared ownership of the instruments and privileges of institutional power is always important. Rwanda may need more political/social engineering that economic engineering at this time.
Kagame is advised to take full account of the short and long term consequences of the political course he has chosen for Rwanda, before he implants it. He may rule and die as president. What happens after, to his beloved Tutsi people, and also Rwanda is another question.
| "Today, if you ask many Africans to choose between an authoritarian government that is able to maintain law and order, provide electricity, infrastructure, reduce poverty etc, and a democratic government that just caters for a small percentage of elites who share public funds among themselves while ignoring the provision of public goods etc., they will go for the efficient authoritarian government. And the West will prefer that." Samuel Zalanga I like this statement a lot, and it reminds me of one of the thought experiments i challenge my political philosophy students with: Where does political legitimacy derive from--authoritarian performance
or democratic procedures? It is always a delight for me to stand back and process the heated debates in the class between those who are sold on the sentiment of democracy being the best form of government; those who think what the people need is just infrastructural benefits, and what matters which type of government makes it happen?; and lastly those who steuggle to untangle the conceptual dilemma between performance and procedure. Democracy has become too sentimental that it clouds analysis. And its cash value, to follow the pragmatists, is becoming suspect in Africa. When we say "democracy is the best form of government," i tell my students, it raises a lot of philosophical problems. Ditto: authoritarian government is anathema. Presently, i have been battling with the conceptual relationship between democracy and
constitutionalism. Is that relationship a necessary or contingent one? If contingent, at what point does democracy really become a nuisance or a lame concept without an accompanying framework of legal compulsion? And at a moral level, how do you ensure that democracy becomes a moral force if it does not guarantee performance? It isn't surprising that you will find some Nigerians looking back wistfully and extoling some virtues of past military governments. Some remember that order was imposed, a la War Against Indiscipline (WAI); others remember that some infrastructural benefits accrued to the citizens. A colleague told me recently that he had some Chinese students on a visit to the department, and he was curious about the stability-democracy conundrum. Surprisingly, it wasn't such a dilemma for them because, according to the
students, they have so much internalised the stability arguments that they even interjected the presence or absence of freedom into whether there is more stability or less. And stability comes with infrastructural dividends! Thus, when we talk about democracy and authoritarianism, we should also take note of several contextual and philosophical implications involved. Plato didn't reject democracy for nought. Adeshina Afolayan Sent from Yahoo Mail on Android
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-- kenneth w. harrow faculty excellence advocate professor of english michigan state university department of english 619 red cedar road room C-614 wells hall east lansing, mi 48824 ph. 517 803 8839 har...@msu.edu

Are democracies that do not “perform” democracies? I am inclined to answer “No”. Not if a democracy as is popularly described is truly the ‘government of the people, for the people, by the people’. What happens in many cases is that governments characterized as democracies are anything but. If they were, their purpose and actions would be to continually seek to achieve and advance the common good of all citizens, not mostly government leaders and a privileged select few, at all times. Many of the governments do not pass this test.
Democracy is more than elections, any elections involving a plurality of political parties. It is about free and fair elections. It is about securing the public interest, not private interest shrouded as public interest. It is about electing and empowering accountable governments whose focal interest, sincere commitment, and unbounded determination are ensuring the maximum good for all citizens.
Is China a democracy by the above characterizations? Can a government led by an executive president for life be a democratic government/? Everyone must answer for themselves.
Economic prosperity for citizens in a democracy should be a right along with other rights of equal citizenship. It should not be the act of discretionary benevolence of an unaccountable autocratic or other political leader.
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| Oga Ken, Nigeria is a difficult case for political analysis. But Oga Ogugua has given us a good place to begin. First, we have to dispense with calling the Nigerian state a democracy since there isn't any performance trajectory to situate it as such. But then, since 1999 when we situate the coming of democracy, we cannot also say it has a technically authoritarian regime. And it does not stand in between. Of course, there are semblances of democratic institutions without an accompanying democratic ethos and values. We hold elections every four years with all the democratic funfair and fears, and after the elections, democracy closes down, and the people return to their informality. You only hear of "democracy" talk from the elites who have something to gain from the
system. Ordinary Nigerians don't talk democracy; they do survival. I spent nine hours queuing for fuel yesterday and all you hear is just that...survival. "i just need five liters to power my generator tonight;" "i need ten litres to do a quick runs from Ojuelegba to Mokola so i can get money to pay my kids' school fees;" "please, allow me to jump in front of your car because i need to get to the hospital;" etc. And my ordeal at the fuel station raises another issue about "Nigerian democracy": there is no underlying constitutionalism that i believe every true democracy must hang on. It is that authoritarian compulsion of the law and legal sanction that democracy rides on. It is totally lacking in Nigeria, beginning from the top. At the fuel station yesterday, my trauma wasn't only due to the physical strain of queuing for
nine hours; it was also from the psychological torture of watching "fellow Nigerians" sneer at your values of not jumping the queue to quickly get the fuel and leave. Even the manager of the fuel station, a small place at that, couldn't manage the situation (which was far from being designated as tense or something). We had law enforcement agents around, but of course they were the first to jump the queue! People listened to my analysis of order and democracy and values, shook their head and drove their cars out of the line right to the front. I became a pathetic sight; an alakowe (book person). It is here that i insist on constitutionalism as the first basis of any democatic regime. But then, constitutionalism itself doesn't guarantee good governance, but it provides a basis for it. Nigeria is impunity personified. Thus,
what we need isn't democracy; it is an authoritarian compulsion that enforces democratic tenets and help us internalise the values. |
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Thank You SZ.
My thinking is that it is not possible to have a meaningful conversation on democracy if there is no agreement on what democracy means hence my use, of “government of the people … by the people” as an acceptable working definition of it. I stated did I not, that many governments in many so-called democracies do not seem to me, to pass the test implied in the above definition. My stated position was that the dividends of democracy are a right along with other rights of equal citizenship in a democracy. It still is. I do not believe that the rights should be the gratuitous gifts to citizens, from a benevolent, autocratic political leader for life, such as Kagame seems to want to become. Ken identified some of the consequent costs of such benevolent political leaderships in an earlier posting of his. I will argue that in politics, the end seldom justifies the means.
It seems to me therefore, and respectfully I might add, that you may have misunderstood the true content my posting below. You may wish to read it again.
I do not see that we have a significant disagreement.
oa
SZ,
Hello again,
A citizen may be a consumer. A consumer may not be a citizen. The distinction is important if citizenship rights are not to be confused with consumer/marketplace rights. Equal citizenship rights mean no citizen has rights that any other citizen do not have. All citizens for example, have equality of opportunity to choose, work for, and find happiness within the law, without let or hindrance of other citizens. There is however no guarantee of the equality of outcomes. The equality of outcomes in other words, is not a citizenship right.
I agree that the state should strive to alleviate and if possibly eliminate poverty. This state in my opinion, could not ensure effective purchasing power (EPP) whatever that means. EPP is not a citizenship right. Citizens needs and wants are different. One citizen’s EFP may not be another’s EFP. It is therefore not a feasible objective for the state.
A responsible democratic government will strive to ensure a minimum standard of welfare for its citizens. Is that standard necessarily or sufficiently guaranteed by EPP? I do not think so. I would argue that it is not reasonable to expect the state to guarantee welfare equality. A more reasonable and feasible expectation in my opinion is that the state guarantees a minimum standard od welfare for all citizens.
I agree.
Short term gain for long term loss. At what cost indeed.
Why did Stalin believe that his way was the best and only way to make the Soviet Union the great power that she became? Is Kagame’s way the only and best way forward for Rwanda? Why is Kagame so sure it is? He must be it seems to me, an ambitious, arrogant, insecure, megalomaniac. Why else would he believe that he is the best president his country could have in his life time.
SZ,
The State lives off taxes, fees, and other income. Tax is paid only by individual and groups that are eligible to pay- have taxable income. No taxable income, not tax to pay. In some cases, a taxpayer (businesses for example), may qualify for a refund of some past taxes paid. The payment of taxes is therefore a qualified obligation of citizens. That a citizen does not pay tax should and does not detract from their rights to participate in the governance of the State just as the payment of tax does not and should not enhance the participation of a citizen in the governance of the State. Participation is a right that may or may not be exercised by the citizen as they please. The market or effective purchasing power may not be fairly blamed for this choice.
It is not in all cases that a State is dependent on the consumption activities of citizens for tax revenue. Nigeria would be a much poorer country if she relied on taxes paid by citizens and locally owned businesses. Her tax collection efficiency is poor, very poor. The bulk of her tax revenue comes from foreign companies in the oil sector.
The world is a competitive, complicated place. Opportunities may be plentiful but resources including knowledge and skills can be scare. Greed and self-interest are real. People and groups try to take advantage of each other. The State’s job is not to change the world such that it becomes what apparently it was not designed to be. Its job is to control/moderate/manage the dynamic of the many interactions that inevitably cross paths. This is why the State has coercive and suasion powers which make it the ultimate arbiter and regulator. Different people have different opinions on how much of and when, the powers should be exercised by the State.
Equality of opportunity is always a worthy aspiration and any law that is enacted to enforce it should be appreciated. There may be historical advantages that work against the full access to opportunities by all citizens. When that is the case, the State should know to take measures to enhance access to access to equal opportunity. Affirmative action policies and programs, price discounts, and supplementary investment in historically disadvantaged communities are examples. Will there ever be a “level playing field” in the ordinary sense of the term? I doubt that there will be. What is possible in my opinion is a more level playing field. The State and all citizens can help to actualize this through the development and implementation of education, enlightenment, health, and other programs, and full employment policies among others.
Meritocracy is altogether a good thing. More people should be encouraged and supported to improve themselves. People have different talents, some more or better than others. Is there ever going to be a time all will contribute equally to any and every thing? No. People need incentives to continually contribute more than others to grow patrimony. Extra compensation is one such incentive. Should this extra be so excessive that the less talented are worse of? I would say No. The State has a role here but this role may not be such that the patrimony shrinks rather than grows. Some inequality including of income must be tolerated. The State works because everyone who can contribute does so in the right measure- fairly.
When President Johnson spoke on historical injustice and equality of opportunity at Howard University, he was not telling anyone what they did not know already. He was trying to change minds. That speech and other speeches and actions of Johnson and others changed the U.S.A. in some ways. The country is a fairer on for them. Will some continue to pay the price of historical injustices? Yes of course. Can the State ameliorate them? Yes of course. Will they end because of State legislation alone? No of course. More hearts and minds should be made to see “the light”. As I write, new injustices that overtime will become historical injustice may be shaping up. Life is what it is. All injustice cannot be legislated or regulated away. People and businesses break the law
There will always be constraints on citizenship. Some are external to the citizen. Others are not. The state usually guarantees citizenship rights with some constraints. In some countries for example, convicted felons lose their right to vote in elections. There are cases also where the citizen in spite of their civic education, shirk their right to vote for example, for the reason of a lack of interest or despair. The state cannot legislate away, a citizen’s choice to be ignorant or mindless of their rights.
One may have been born into poverty. Poverty may befall one because life happens. That is however not to say that all who are unfortunate as described may remain so. The state should develop and implement poverty alleviation programs so that as many citizens as possible are lifted out of poverty. Will all who are poor be so lifted? No of course. Could the maximum possible number be? Yes of course with effective targeted policies and programs. I am afraid the poor as Jesus has been reported to say, will always be with us. Should the state forsake them? No of course. This is what I meant by the state guaranteeing a minimum standard of living. Citizens who want better should do the work- always seek and find lawful means to command more resources than a minimum standard guarantees.
The market exists within the State. The State expects it to operate in such a manner that it adds and creates value that help to advance both private and public interests. Markets are never perfect. They sometimes fail. It is in this knowledge that the State puts in place, laws and policies that should prevent market failure or mitigate/eliminate their consequences when they fail. Does the State get it right all the time? No of course Should it always try to? Yes of course. The nature of the market is that consumers some of who may not be citizens, make private purchase decisions based on their different and changing needs and wants. The challenge for each competing business is to figure out effective ways of winning the patronage of consumers within the law. The State should not and need not legislate on consumer (private) purchase decisions , just as the State should neither endow nor bestow consumer purchasing power.
President Bush prayed Americans to go out and spend after the 9/11 terrorist attacks. He had to. The economy was in the opinion of many at the time in near free fall after the attacks. President Bush had a persuasion challenge. How better to do it that to call on Americans to be patriotic. He did and rightly so because citizens are expected to love their country, especially in a time as that time was. Any other president was likely to do the same in similar circumstance.
Laws are made by lawmakers with parochial interests and conflicts but hopefully guided by the public interest. Laws are sometimes a reaction to events and society experience. They are seldom neutral in the sense that the law may not apply in situations or impact all citizens, in the same way regardless of the best effort of lawmakers. It is not possible for the law to take into account all possible situation that it intended to apply to. This is why laws are mostly characterized as fair and not just laws. The justness of law is determined in court and not in the books. The law I might add should not be about favorable treat of one group or the other in the country. It should be about equal treatment of all in similar situation. That I believe is what justice should be about.
It seems to me that you and I, will disagree on the role and responsibility of the State in society and to citizens. We may disagree also on how well, given the capacity of the State and the dynamic of how individuals, group, and forces within the state interplay. My thinking is that you want the State to be a perfect machine. It is not. It could never be because of constraints ( including individualism, history, politics, religion, resources, and self-interest are examples) that make the expectation or actualization of the State as a perfect machine unrealistic. What I believe is possible and achievable is a functional state that is determined, focused, and committed to making it possible for all citizens to have the best life possible for them at all times. Will there be complaints and conflicts ? Yes there will be. Does the State work better for some than others? Yes it does? If however it works well for the most part, it should be good and well enough for many.
You do not seem to me to make the case that you do in full realization that informed citizens at least, should have no better than the expectation of best effort from the State. Do all States meet this expectation? Everyone must decide for themselves. Could every State do better? I believe they could. Every State at the end of the day, is a work in progress.
Thank you again.
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