Monday, 6 July 2015

Arbitrary term limits hinder African security By Tom Campbell.



© Marco Longari, AFP | Burundi's President Pierre Nkurunziza arrives for independence celebrations at a stadium in Bujumbura on July 1, 2015
President Jimmy Carter said that he wanted an American foreign policy based on human rights, including our fostering of truly contestable democratic elections around the globe. President George W. Bush said that the people of the Arab and Muslim worlds had a right to self-determination as much as any other peoples; a corollary to his statement about the soft bigotry of low expectations. President Woodrow Wilson believed in the inevitable triumph of the world’s democracies and led America into World War I to help advance that cause.
These instincts of American foreign policy are salient once again in America’s view of the sub-Saharan African countries – especially when a country’s citizens object to their leaders attempting to stay in power. Last month, President Nkurunziza of Burundi announced he would run for a third term, claiming the constitutional two-term limit did not apply since he was appointed, not elected, to his first presidential term. An attempted military coup resulted. It has since been put down, but the country remains in high tension. In 2012, when President Wade of Senegal amended the constitution to allow himself to run for a third term, it incited such opposition that he was defeated in the next election.
African leaders who have voluntarily relinquished authority have been praised around the world and are heroes in their own countries.
Nelson Mandela chose not to serve more than a single term though South Africa’s constitution would have allowed him two terms; and, had his health permitted, he would most likely have been able to amend the constitution to allow himself to be president for life.
Kenneth Kaunda, one of the founders of Zambia, voluntarily stepped down from office in 1991. So did the father of Tanzania, Julius Nyerere, in 1985. Both could have continued in office instead.
Ghana has now twice enjoyed peaceful transitions of power from one party to another. Former military dictator Jerry Rawlings ran for president democratically. He abided by the two-term limit. He handed over power to a political opponent, who also abided by the two-term limit. Rawlings’ successor then handed over authority to his political rival. When that president, John Atta Mills, died in office, his vice president succeeded him, and has now been elected to his own term.
Yet there is a great need for strong and stable executive authority in Africa, and that might require more than two terms in office.
Failure to deal with Islamic insurgency in the north of Mali led to a military coup in the capital, a major push southward by the radicals, intervention by France – the former colonial power in the area – and a shaky, restored civilian government.
Nigeria’s inability to deal with Boko Haram led to the defeat of President Goodluck Jonathan and the election of Muhammadu Buhari, who, as a Muslim and former military dictator, was deemed more capable of putting an end to Boko Haram’s savagery.
Uganda has fought a long war against a terrorist, drug-fed, enslaving armed force: the Lord’s Resistance Army. Uganda also led peace-keeping efforts in the Democratic Republic of Congo and Somalia. When President Yoweri Museveni ran up against the two-term limit in 2005, Ugandans removed the limit.
Now, President Paul Kagame in Rwanda is facing being termed out in 2017. Rwanda in 1994 saw the quickest genocide the world has ever known: 800,000 Rwandans killed in 4 months, with Tutsis murdered by Hutus – largely with machetes and clubs. Kagame led the Tutsi army that had invaded from Uganda, and put an end to the genocide. He has effectively been the ruler of Rwanda ever since, though the limit of two seven-year terms as president only started in 2003. The country remains about 85 percent Hutu and 15 percent Tutsi. It is inconceivable that the Tutsi will allow Hutu ascendancy in the military, police or any other institution where genocide could be rekindled. The recent street riots in neighboring Burundi, with a similar Hutu-Tutsi division, show that ethnic tension is simmering, not extinguished.
Self-governance has existed for less than a single lifespan in all of Africa: In 1957, Ghana was the first nation to declare its independence. If a nation has a strong leader capable of dealing with Islamic insurgency, or effective in suppressing ethnic hatreds that erupted in genocide, how intrusive should the world be to insist on term limits? Of America’s 44 presidents, 33, including all our wartime leaders prior to the Vietnam War, were not subject to term limits. Some African states might see wisdom in emulating our first 163 years’ example.
Tom Campbell is the dean of the Fowler School of Law at Chapman University. He served five terms in Congress, including on the Africa Subcommittee. He and his wife have taught as volunteers in Africa on seven occasions. These views are his own.

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