The
topic I have been asked to speak on is
the UN’s perspective on new challenges
to democracy. While preparing this presentation,
I could not help but ponder instead the
challenge of saying something new about
democracy.
We
are living, after all, in a moment in
which, across the globe, the basic premises
of democracy are accepted—at least rhetorically.
A number of countries that have in the
past allowed few democratic openings are
now holding elections of some sort.
The
United Nations has been involved in many
of these exercises. We are currently providing
assistance to over 50 countries, and over
the past decade have worked with over
a hundred. Given this breadth of experience,
it struck me that we should be able to
meet the challenge of saying something
new about democracy.
But
this challenge is harder than it seems.
The study of politics is so old that Machiavelli
can plausibly be argued to be one of the
first moderns. But the study of elections
in popular democracies is something quite
new, dating back less than a century,
and yet it seems that everything that
can be said has been said.
During
the last decade the UN has been particularly
involved in trying to solve a new democratic
problem: that is, trying to build democracy
not only where there was not much of a
history of liberalism or elections, but
doing so in countries destroyed by war.
While previous analyses of democratization
contained a number of useful concepts
that could be applied to post-conflict
situations, those situations demanded
a new analytical framework. We are still
trying to build this framework, and I
suspect that it will take several electoral
cycles in places like Afghanistan and
Liberia before we know if it’s any good.
But it is interesting how much we find
ourselves returning to many of the old
insights: that elections do not make democracy,
that liberal institutions must be build
alongside electoral institutions, and
that it is not the electoral event that
counts as much as the electoral process.
What
can we say that is new? What have we learned?
I
think one thing we have learned about
electoral processes is that, often, too
much is expected of them. In stable countries,
electoral stakes are high because governments
have a huge amount of power. In post-conflict
situations, electoral stakes are high
in part because the international community
sees them as a sort of conflict-resolution
mechanism—a sort of silver bullet to establish
political legitimacy and mark a return
to normalcy. But there are no silver bullets
and certainly no silver ballots.
There
is also a deep paradox in expecting elections
to fundamentally alter societies. When
we ask people to vote, we ask them to
voice their political preferences. This
might lead to a rejection of certain leaders
or policies, but it will also lead to
an expression, and perhaps amplification,
of the prejudices, rival senses of identity,
and historical traumas of that same society.
On
the other hand, there is an essential
truth behind the expectations that are
placed on post-conflict elections. One
of the roles of these processes is to
create proxies for the sorts of institutions
that liberal democracies require. The
electoral law is often one of the first
laws to be implemented. Its implementation,
furthermore, must be of a sufficiently
high standard—applied in a way that, perhaps,
is not expected of contract law or copyright
law in the immediate aftermath of a conflict.
The independent electoral commission is
one of the first bodies to be created
after a conflict that must be neutral
and demonstrate effectiveness. Former
armed factions and other political groups
are forced to act, or at least pretend
to act, like political parties by adhering
to codes of conduct and refrain from violence.
But there is one important way in which
elections, in whatever situation they
are held, have a transformational effect
that goes beyond simply deciding the character
of the government elected. And that is
that elections confer or reconfirm on
people a political identity—civil and
political citizenship. The very high turnouts
that we saw recently in Afghanistan in
Iraq were in no small part a manifestation
of this newly conferred political identity;
in a sense, people voted because they
could. The extent to which people fulfill
their sense of citizenship, which is the
object of democracy, is greatly affected
by the quality of the election and the
electoral system.
How
do we determine the quality of an election?
In the UN, we try to avoid the classical
characterization of an election as “free
and fair”, and instead focus on its credibility.
In part this is because UN political rights
instruments use the term, and in part
it is because a focus on the ideal, objective
conditions of freedom and fairness distract
from the real political function of elections.
The issue is placed in some relief, again,
when we look at post-conflict and transitional
elections. Simply due to the time pressures
and conditions under which these elections
are held, many could only with difficulty
be considered “free and fair”, at least
on a scale that we would accept for established
democracies. The real question is whether
or not their results were acceptable to
the population.
From
a practitioner’s perspective, an emphasis
on credibility guides us in the organization
of elections, by making us focus on creating
credible institutions and transparent
processes.
But
the concept of credibility also has limits.
There are cases where, due to a recent
civil war or other political trauma, voters
and political actors are willing to accept
the results of an obviously fraudulent
election simply to avoid a challenge that
could reignite a civil conflict. In these
cases, the concept of observation, and
especially international observation,
becomes very important.
The
increasing acceptance of observation missions
as a tool to improve electoral processes,
rather than being seen as a stigma of
political underdevelopment, is positive
on the whole. At the same time, there
are many different organizations providing
observation under a number of different
protocols. The usefulness of observation
will be severely diminished if countries
can go “observer shopping”. In recognition
of this, a number of observer organizations
will gather in New York under UN auspices
at the end of October to sign on to jointly-agreed
observation principles that have been
negotiated over the past year.
The
flip side of the recognition that there
is no perfectly free and fair election
and no perfect electoral system, is that
all democracies have things to teach and
learn from each other. In general, new
democracies of course learn from older
ones. Nonetheless, in some cases the newer
democracies are teaching the older ones.
Specialists in post-conflict economic
development have remarked on the opportunity
that societies destroyed by war have to
“skip a step” in their development. They
need not lay down telephone cables, for
example, but can move straight to cell-phone
technology. Similarly, post-conflict societies
undergoing electoral processes can begin
to adopt a number of modern features in
their brand new electoral systems. These
features may later be adapted by older
democracies.
Let
me conclude by saying a few things about
the new challenges to democracy. I don’t
believe that there is anything necessarily
ephemeral about the hopeful moment that
we are in. But we have to be honest about
the real potential of democracy. When
we look at mature democracies we see electorates
who largely take their political freedoms
for granted and often decline to vote.
As the bulletin prepared by the ACEEEO
points out, reversing the trend of declining
voter turnout and encouraging youth to
vote will be a significant challenge.
Another
key challenge, and one that will be discussed
later in this conference, will be to keep
up with the technological opportunities
afforded to the electoral system itself,
and this includes, I believe, having the
courage to reject certain innovations.
In the end, I would suggest four problems
with technological innovation that need
to be confronted: (i) the digital divide,
which penalizes those who are not familiar
with, or who are distrustful of, technology;
(ii) new possibilities of fraud that are
created by technology; (iii) the need
for legislation to keep up with technological
advances (for example, rules of evidence
that admit electronic information); and
(iv) the capacity of electoral institutions
to keep up with technological advances,
as well as to provide credible guarantees
against their abuse.
And
the final challenge I’ll mention will
be to better link elections to good governance.
When democratic governments are perceived
to fail their constituencies, other forms
of government often become more attractive.
In many countries, democratic governments
are not delivering, and voters are increasingly
willing to mortgage their political rights
in the hopes that non-democratic systems
will lead to more effective leadership.
Democracy has been described as the only
self-correcting form of government. This
is true, but it doesn’t necessarily mean
that all democracies correct themselves.
How to link elections and good governance
raises a number of very old questions—for
example the eternal debate on the trade-offs
between political inclusiveness and governmental
effectiveness. It should also cause us
to look at the nature of political parties,
how to ensure that they do not become
“political firms”, which essentially sell
their allegiance to the highest bidding
candidates irrespective of ideology. It
might also lead to an increased focus
on local elections and local government.
And finally, it might push us to look
at whether or not the safeguards we have
developed to ensure credible elections
can somehow be adapted to prevent government
corruption.
In the end, we who work in elections have
a significant stake in seeing that those
who contest them fairly also govern fairly
and competently once they are elected.
And that is, perhaps, both the oldest
and the newest challenge of democracy.
Presentation
delivered by Scott Smith, Electoral Assistance
Division, United Nations, New York. The
views expressed are his alone and do not
necessarily reflect the position of the
United Nations.