5.6.

Democracy and
Democratization
5.6.1. Defining Democracy
 Definition of Democracy
 Democracy literally means the government of the people or
government of the majority.
 democracy is derived from: demos and kratos, means common people
and rule (legitimate power to rule) respectively.
 democracy refers to the idea of rule by the people or government by
the people.
 “the government of the people, by the people and for the
people”, Abraham Lincoln.
 democracy is a state of government in which people hold the ruling
power either directly or indirectly through their elected
representatives.
 Democracy embraces the principles of equality, individual freedom
and opportunity for the common people, as those who actually wield
political power.
 As institutionalization of freedom democracy is a set of ideas and
principles as well as procedures and practices about human and
democratic rights, and freedoms.
 Continued…
 Ways of exercising democracy are:
1. Direct democracy (pure/classical democracy): implies a form of
government in which the right to make political decisions is
exercised directly by the whole body of citizens acting under
procedures of majority rule.
 in modern times direct democracy is applied in referendum, recall,
initiative and plebiscite.
2. Indirect democracy: a form of government in which citizens exercise
their rights and freedoms and discharge their obligations not in
person but through representatives chosen by themselves.
 for democracy to flourish, specific procedural norms must be charted
(procedural democracy) and fundamental rights and freedoms of
citizens must be respected (substantive democracy).
 The overall concept of modern democracy constitutes three key
portions: democracy, constitutionalism, and respect for human
rights.
 Continued…
 In order to exist democracy there must be:
1. Control over government decisions about policy is constitutionally
vested in elected officials.
2. Elected officials are chosen in frequent and fairly conducted elections in
which coercion is comparatively uncommon.
3. Practically all adults have the right to vote in the election of officials.
4. Practically all adults have the right to run for elective offices.
5. Citizens have a right to express themselves without the danger of severe
punishment on political matters broadly defined.
6. Citizens have a right to seek out alternative sources of information.
Moreover, alternative sources of information exist and are protected by
law.
7. Citizens also have the right to form relatively independent
associations or organizations, including independent political parties
and interest groups.
 5.6.2. Values and Principles of Democracy
 The respect of fundamental freedom and fundamental rights, elections,
citizen’s participation, equality, rule of law, separation of powers, democratic
pluralism, and multi-party political system are among key elements or
sometimes called fundamental principles of democracy.
 There are three CORE VALUES in concept of democracy:
1. Liberty: This value includes personal freedom, political freedom &economic
freedom.
2. Justice: means fairness (distributive, corrective and procedural justice).
3. Equality: political equality , social equality & economic equality
 Some of the fundamental principles of democracy are:-
A. Popular Sovereignty :citizen as a whole is the sovereign of the state and holds
the ultimate authority over public officials and their policies. majorities
should have the right to make political decisions. (article 8 of FDRE)
 Popular sovereignty implies “General will” or “Common Good”
 Sovereignty implies the power to have a final say on an issue.
 Continued…
B. Constitutional Supremacy:-it’s Supreme law , Original law, mother of all
law. (article 9 of FDRE)
C. Rule of Law:-is the principle under which a government exercises its
authority in accordance with clear, objective, and publicly disclosed laws.
 two ASPECTS of the rule of law are 1. the law should govern the people
and the people should obey the law. 2. the law must be capable of being
obeyed (‘good’ laws).
 In order to maintain the rule of law, an institution, independent from the
legislative or executive or other forces, impartial and free from
interference or influence is required.
 The principle is intended to be a safeguard against arbitrary rule.
D. Secularism:-a strict separation of religion and politics.
E. Separation of Powers:- refers to the idea that political power should be
divided among several bodies or officers of the state as a precaution
against too much concentration of power.
 Power must be divided between legislative, executive, and judiciary.
 Continued…
F. Free, Fair and Periodic Election.
G. Majority Rule Minority Right. After conducting democratic election,
those who gets the majority vote will establish a government. The
policies, programs and decisions of the majority will govern the country
while the right of the minority respected.
H. Protection and Promotion of Human Rights. respect for human life and
dignity.
I. Multiparty System. enables to establish market of ideas to the citizens
and encourage parties to come with better alternatives to be elected
among the competitors.
5.6.3. Democratization
 Democratization is the process of transitions from nondemocratic to
democratic regimes that occur within a specified period of time and
that significantly outnumber transitions in the opposite direction during
that period.
 Continued…
 There are three main ELEMENTS IN DEMOCRATIZATION such as
1. the removal of the authoritarian regime, 2. installation of a
democratic regime, and 3. the consolidation, or long-term
sustainability of the democratic regime.
 Democratization refer to the institutionalization and routinization of
democratic ideals and principles and their effective functioning.
5.6.4. Actors of Democratization
I. Political Parties:-majority party or a combination of parties controls
the government, while other parties serve as the opposition and
attempt to check the abuses of power by the ruling party. The
existence of a strong and viable opposition keeps the ruling party alert.
It is the duty of political parties to promote policies that will educate the
people about how a democratic system functions and offer different
policy packages to the electorates.
II.Media:- it is a mirror of the society. They should be independent, free
and responsible. They have a ROLE as source of information, a
watchdog, a civic forum & an agenda setter.
 Continued…
III.Civic Societies:- “the realm of organized social life that is open, voluntary, bound by
a legal order or set of shared rules”. “private citizens acting collectively to make
demands to the state or to express in the public sphere their interests, preferences
and ideas or to check the authority of the state and make it accountable”.
 Civil societies can be civic, issue-oriented, religious, and educational interest groups
and associations.
 ROLES of civil societies includes:-
 limiting the power of the state more generally.
 challenging the abuses of authority.
 monitoring human rights and strengthening the rule of law.
 monitoring elections and enhancing the overall quality and credibility of the democratic
process.
 educating citizens about their rights and responsibilities;
 building a culture of tolerance and civic involvement;
 incorporating marginal groups into the political process and enhancing the latter's
responsiveness to societal interest and need;
 providing alternative means,
 outside the state, for communities to raise their level of material development;
 opening and pluralizing the flows of information;
 and building a constituency for economic as well as political reforms.
 5.7. Human Rights: Concepts and Theories
 Human rights are privileges someone can claim just because he/she is
a human being without any discrimination based on condition.
 Human rights are ‘natural’ rights.
 The Universal Declaration of Human Rights (UDHR, Article 2),
stipulates that human rights belong to every human being “without
distinction of any kind, such as race, color, sex, language, religion,
political or other opinion, national or social origin, property, birth or other
status”.
 Human rights can be defined as a special kind of claim on others.
 Human rights provide people to live a life with dignity and equality,
protect people against abuse by individuals and groups who are more
powerful.
 Principles of Human rights are:-
1. Human Rights are universal, inalienable(can’t be taken away),
indivisible (inherent) and interdependent and interrelated (all rights
have equal weight/importance).
 Continued…
2. Principle of equality and non-discrimination. all individuals are equal
as human beings and by virtue of the inherent dignity of each human
person. Accordingly, no one should face discrimination on the basis of
race, color, ethnicity, gender, age, language, sexual orientation, religion,
political or other opinion, national, social or geographical origin,
disability, property, birth or other status as recognized by many of the
international and regional, national human rights frameworks.
5.7.2. Human Rights and Responsibilities
 Individuals often have a responsibility to ensure that they exercise
their rights with due regard for the rights of others.
 Promoting for the respect of human rights is one of the core missions
of the UN and its agencies.
 Various human rights instruments and resolutions issued by the UN
including UN Charter, UDHR, ICCPR, ICESC, CRC, CEDAW and
the Paris Principles states on the responsibility of protecting HR’s.
 The FDRE constitution chapter 3 (arts. 13 to 44) is about Human
rights.
5.7.3. Landmarks in Development of Human Rights
 5.7.4. Rights Holders and Duty Bearers
 In every right there are two actors:
1. Right holders are those who are entitled to enjoy, possess or claim a
given right.
2. Duty bearers are those who carry the obligation of promoting,
protecting, and fulfilling these right to the right holders.
 Individuals and certain groups are bearers of human rights, while
state, individuals and other non-state (NGOs & Community) actors
are duty bearers.
5.7.5. Categories of Human Rights
 Human rights are civil, political, social and economic rights. They are
also individual or group (collective) rights.
 Karl Vasak (1982) categorize Human rights as First, Second and Third
generation rights.
5.7.5.1. Civil and Political Rights
 These are First Generation Rights.
 Continued…
 Civil rights include such rights as the right to life, liberty and personal
security, equality before the law, protection from arbitrary arrest and the
right to religious freedom and worship.
 Political rights include such rights as the right to speech and expression,
assembly and association, vote and political participation.
 Civil and political rights are seen as an immediately realizable rights. all states
are expected to ensure the realization of these rights immediately. They have
also been called as ‘NEGATIVE’ RIGHTS.
5.7.5.2. Social and Economic Rights
 Second generation (social, economic, and cultural) rights considered as an
LESS FUNDAMENTAL OR UNREALISTIC RIGHTS.
 Social and economic rights include such rights as the right to education,
health and wellbeing, work and fair remuneration, form trade unions and
free associations, leisure time, and the right to social security.
 Cultural rights include such rights as the right to the benefits of culture,
indigenous land, rituals, and shared cultural practices, and speak one's own
language and ‘mother tongue’ education.
 this category are called ‘POSITIVE’ RIGHTS to indicate that whose
realization is highly subjected to the economic capability of states.
 Continued…
Peace, Development and Environmental Rights
 Third generation (solidarity) rights are include rights to public goods
such as the right to development, the environment and peace.
 considered as an emerging rights, where the rights holders and duty
bearers of the rights included under this category are yet to be
identified clearly.

Generation First generation rights Second generation Third generation

rights rights
Category of rights Civil and political rights Socio-economic rights Solidarity rights
State obligation Promoting and Providing and ?
protecting fulfilling
What is expected from Non-interference Positive interference Positive involvement
the State
Realization Immediate Progressive Progressive
Right holders Individuals (mostly) Groups (mostly) ?
 5.7.6. Derogations and Limitations on Human Rights
 There are two conditions under which human rights can be restricted:
1. Limitations are lawful infringements of rights.
2. Restrictions are acceptable or justifiable limits of human rights during
the normal times.
 Derogation means a temporary non-application and suspension of
rights by the state in abnormal or emergency (natural/artificial)
situations.
 Limitations may be made on the enjoyment of human rights for the
sake of: safeguarding of national security or public peace; the
prevention of crimes; the protection of health, public morality; the
protection of the rights and freedom of others; and safeguarding
democratic institutions.
 Regional states can declare State of Emergency in two conditions:
Natural disaster and Epidemics. While Federal gov’t can when there
are 1) External Invasion, 2) Breakdown of law and order 3) Natural
disaster, and 4) Epidemic.
 5.7.7. Non-derogability of Human Rights
 ICCPR mentions that some of the articles are non-derogable right
against arbitrary deprivation of life (art. 6); freedom from torture or
cruel, inhuman and degrading treatment or punishment; and
freedom from medical or scientific experimentation without consent
(art. 7); freedom from slavery and servitude (art. 8); freedom from
imprisonment for inability to fulfill a contractual obligation (art. 11);
prohibition against the retrospective operation of criminal laws (art.
15); right to recognition before the law (art. 16); and freedom of
thought, conscience and religion (art. 18).
 The FDRE Constitution states that rights under Articles 1, 18, 25, and
sub-Articles 1 and 2 of Article 39 of the Constitution are non-derogable
rights.
 Article 4 of ICCPR clearly established the specific conditions could be
used as a ground for derogation. Conditions like the existence of real
emergency, threat to life of a nation, official proclamation of
emergency, and guarantee of non-discrimination are justifiable
grounds to suspend some of or all the derogable rights.
 5.7.8. Implementation and Enforcement of Human Rights
5.7.8.1. International Mechanisms and the International Bill of Human
Rights
 the main objectives of the international law and its institutions is in one way or another
related with the protection of human rights.
 The Office of High Commissioner for Human Rights (OHCHR) is established under the
ECOSOC, and is an organ particularly dedicated to the promotion, observance and
monitoring of human rights worldwide.
 The Universal Declaration of Human Rights (UDHR) is a human rights instruments
considered as the groundwork of most of the post-1945 codification of human rights.
 Besides to the UN Charter and the UDHR, the UN presently has more than ten core
human rights treaty based human rights instruments. These includes, but not limited to,
the Convention on the Prevention and Punishment of the Crime of Genocide (1948), the
Convention Relating to the Status of Refugees (1951), the International Covenant on
Civil and Political Rights (ICCPR), the Slavery Convention (1926, but amended by
Protocol in 1953), the International Covenant on Civil and Political Rights (1966), the
International Covenant on Economic, Social and Cultural Rights (1966), the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (CAT), the International Convention on the Elimination of All Forms of
Racial Discrimination (ICERD), the Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW), the Convention on the Rights of the Child
(CRC), and the International Convention on the Protection of the Rights of All Migrant
Workers and Members of their Families.
 5.7.8.2. Regional Mechanisms
 There are regional human rights systems which cover three parts of the
world; Africa, the Americas and Europe.
 In African, this system is established under the African Union (AU)
structure; in the Americas it is part of the Organization of American
States (OAS); and in Europe it is embedded in the European Union’s
(EU) organizational structure.
 a protocol to the African Charter on Human and Peoples' Rights on
the Establishment of the African Court on Human and Peoples'
Rights (1998/2004) is adopted in 2004 and ratified by 21 member states.
5.7.9. The Ethiopian Human Rights System
 The FDRE Constitution classifies human rights as one of its five
fundamental principles and declares that human rights and freedoms,
emanating from the nature of mankind, are inviolable and inalienable
and that the human rights of citizens and peoples are respected.
 Continued…
 The FDRE Constitution recognize these rights cover civil and political
rights (arts. 14 to 38), socio-economic rights (arts. 41 to 42) and group
rights (arts. 39, 43 and 44).
 About one-third of the Constitution is devoted to enshrining
fundamental rights and freedoms.
 Moreover, the Constitution gives outstanding emphasis to the rights of
women, children, persons with disability, and of nation, nationalities,
and peoples.
 Institutions are established such as Ethiopian Human Rights
Commission (EHRC) and the Ethiopian Institution of the Ombudsman
(EIO), Federal and Regional Ethics and Anti-Corruption
Commissions, the Chief Auditor’s Office and The National Election
Board is designed to ensure respect, protection and promotion of
human rights.

The end