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The police in many instances act contrary to Article 7 of the Universal Declaration of Human Rights, which states in part that “All are equal before the law and are entitled without any discrimination to equal protection before the law…”
Democracies rest upon the principle that government exists to serve the people; the people do not exist to serve the government. In other words, the people are citizens of the democratic state not its subjects. Citizens must be loyal to the government and the government must protect the rights of the citizens. In an authoritarian state, the government demands the people’s loyalty without obligation to serve consent for their actions.
As a principle, the protection of human rights is accepted widely: it is embodied in written constitutions throughout the world as well as in the Charter of United Nations.
John P. Frank, American constitution law expert, points out that those who administer the criminal justice system hold power with the potential for abuse and tyranny. In the name of the state individuals have been imprisoned, had their property seized, and been detained and tortured, exiled and executed without legal justification—and often without any formal charges ever being brought. No democratic government can tolerate such abuses. The rules and procedures by which the state enforces its laws must be public and explicit, not secret, arbitrary or subject to political manipulation by the state.
None of these restrictions means that the state lacks the necessary power to enforce the law and punish offenders. On the contrary, the criminal justice system in a democratic society will be effective to the degree that its administration is judged by the population to be fair and protective of individual rights, as well as of the public interest.
The rock upon which any democratic government rests is its constitution—the formal statement of its fundamental obligations, limitations, procedures and institutions. The constitution of the country is the supreme law, and all citizens, ministers and peasants alike, are subject to its provisions. At a minimum, the constitution, which is usually codified in a single written document, establishes the authority of the national government provides guarantees for fundamental human rights and sets forth the government’s basic operating procedures. Despite their enduring, monumental qualities, constitutions must be capable of change and adaptation if they are to be more than admirable fossils.
Elections are the central institution of democratic representative governments. This is because, in a democracy, the authority of the government derives solely from the consent of the governed. The consent in a government authority entails the holding of genuine, free and fair elections. Democratic elections are periodic, as the electorate does not vote for presidents-for-life. Elected officials are accountable to the people and they must return to them at prescribed intervals to seek their mandate to continue in office. Officials in a democracy must accept the risk to be voted out of office. In democratic elections, it is often not to determine which candidate commands the greatest public support, but who can most effectively motivate his or her supporters to convert their opinions into votes.
When elections are over, the losers accept the results as the true judgment of the voters. Opposition parties continue to participate in the public life with the knowledge that its role is essential in any democracy worthy of the name. Democratic elections, after all, are not a fight for survival, but a competition to serve.
To govern is to communicate. For communication to be effective there must be a free flow of information. The electorate depends upon the newspapers, radios and televisions for information on the candidates. The news media should not be biased in its coverage of political parties. During election campaigns, the media can also take an active role in the public debate. They can campaign for specific policy reforms in editorials or investigative reporting. They can also serve as a forum for private individuals or organizations to express their divergent opinions through letters to the editor.
When the above-mentioned things are clearly defined, then we can happily say that we are on the road to democracy without which we are as bad as an authoritarian state.
(With excerpts from what is democracy? U.S. Department of State)
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Writer Profile
Matongo Maumbi
Matongo Maumbi aka Afromatrix, is a producer at Radio Chikuni in southern rural Zambia on 91.8fm. I have been a practicing journalist since 2000 and ICTs for development in rural areas and youth related issues have been of particular interest. I have an interest in writing, and when I do it's a good piece. I believe that sharing such information with a wider group can enhance good growth on my part in Chikuni and the other parts of the world.
I am male and 24 years old, single and hope to marry the girl I have intimate emotions with.
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