Political Party Dialogue â A facilitators guide

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58 Political Party Dialogue: A Facilitator’s GuideBox 6.4.Ghana’s Democratic ConsolidationStrategy Paper (DCSP)In 2006 the Institute of Economic Affairs (IEA) and theGhana Political Parties Programme (GPPP), an inter-partydialogue platform comprising representatives of the fourpolitical parties in parliament, undertook a groundworkstudy on the various arms of government and democraticinstitutions in the country. Their goal was to assess thestate of Ghana’s democracy since the constitution of 1992came into effect.The parties appointed a representative team of consultantswho spoke with all significant stakeholders—fromparty members, parliament, the judiciary and civil societyassociations to grass-roots groups, including women’s andyouth organizations, chiefs and religious leaders—to gathertheir views on the functioning of Ghana’s democracy.Based on these findings, parties drafted the DemocraticConsolidation Strategy Paper (DCSP), a joint analysisof the country’s democratic system, proposing a numberof practical reforms (Mensa 2009). For instance, in theDCSP political parties agreed that in order to go forwardas a nation they needed to review the 1992 constitution.In the run-up to the elections in December 2008, all theparties adopted this proposal into their manifestos and aConstitution Review Commission (CRC) was set up in2010 to conduct a consultative review of the operation ofthe 1992 constitution.Political parties also adopted other DCSP proposals andproduced bills on the funding of political parties, thereview of the political parties law itself, and the presidentialtransition process. The parties all pledged in theirmanifestos that they would pass these bills (Mensa 2009).On 16 March 2012, the Ghanaian Parliament unanimouslyapproved the Presidential Transition Bill. Essentially, thelegislation provides a framework for the political transferof power from one democratically elected president toanother and introduces a multiparty framework of groundrules and regulations to govern future transitions (e.g. byspelling out clear timelines according to which ministersof state must vacate their official accommodation). Oncethe bill was adopted, the IEA and Ghana’s political partiescontinued to monitor the process, working with allrelevant stakeholders to ensure that the institutionalstructures were established and functional ahead of the2012 elections (Ofori-Mensah, 2012).This section outlines some of the issues that oftenfind their way into the agenda of a political partydialogue that relate to political reform, focusing onthe legislation that creates national constitutions,political party legislation and electoral systems.National constitutionsOften referred to as a country’s supreme law, aconstitution provides much more than an overarchinglegal framework for society. It regulatespolitical power and strongly affects relations betweensociety and the state. Constitutional reformis an important vehicle on the road to democraticconsolidation.Constitutional processes often play a fundamentalrole in ending conflict, renewing people’s trust intheir government, establishing fundamental nationalinterests and identity, establishing foundational lawsand ground rules, ensuring equality and inclusivity,and guaranteeing human rights. National constitutionsare essential instruments in bringing and holdinga nation together and, in the case of constitutionbuilding or review, political parties have an especiallyimportant role in negotiating the rules, timing,process and content of the constitutional debate.Constitutions also tend to have a fundamental impacton a country’s governance and political systemand consequently on the position, role and organizationalstructures of political parties. For instance,the choice between a presidential, parliamentaryor semi-presidential system greatly influences aparty’s ability to gain and exercise power. A decisionto introduce a more decentralized governancesystem might require parties to be more present onthe ground, while a ruling requiring them to adoptwomen’s or minority quotas may force parties to revisetheir political participation and internal selectionpolicies.As intermediary institutions between the state andordinary citizens, political parties have a crucial roleto play in constitution building and review. They playa prominent role throughout the entire constitutionalreform process, from the preparatory stage to theimplementation phase. It is important to recognizethat political parties can potentially contribute inthree different capacities: as individual parties; asmembers of inter-party dialogue platforms; and as
Chapter 6International IDEA / NIMD / The Oslo Center59political parties in relation to other stakeholders(Netherlands Institute for Multiparty Democracy(NIMD), African Studies Centre and InternationalIDEA 2012: 14).Political party dialogue can be used as a way ofsupporting a nation’s constitution-building process,and can help in identifying areas of agreement orcontention. Examples of countries where dialoguebetween political parties has been used to buildconsensus for constitutional reform include Kenya,Zimbabwe, Nepal, Ecuador and Bolivia (for moreinformation see Netherlands Institute for MultipartyDemocracy (NIMD), African Studies Centre and InternationalIDEA 2012).Political party legislationPolitical systems usually flow from a country’s legalframework. While a constitution reflects the ‘soul ofa nation’, its subsidiary laws spell out the more detailedcharacteristics of the political system in place.Laws and regulations that concern parties andcandidates as key stakeholders in a political systeminclude political party laws, political party financeregulations, the electoral legislation and presidentialtransition bills.Political party laws are crucial instruments forstrengthening the functioning of a multiparty democracyand for achieving a level playing field.These laws usually regulate the establishment,registration, organization, activity and dissolution ofpolitical parties, and ensure that parties can performtheir main functions in society. They not only definekey characteristics of a political party system butalso set the rules of the game. These may includecertain prohibitions (e.g. forbidding political corruptionor hate speech) or guiding principles (e.g.to use democratic means and methods to achievepolitical goals), sometimes complemented with acode of conduct. Political party laws also play animportant role in ensuring inclusive politics.Furthermore, legislative frameworks have a greatimpact on whether and how parties and party candidatescan access public and private funding. 9 Moneyplays an important role in the political dynamicsof most countries. For instance, the way that politicalparties and candidates raise and spend moneycan be more important for the fairness of an electoralprocess than anything that happens on electionday. Parties often see political finance as a crucialyet sensitive issue. Inter-party dialogue can serveas a way to discuss positive and negative politicalfinance issues in a safe environment.In countries with little or low-quality political partylaw, facilitators can assist parties with establishingand improving these laws. As with many areas, thepassing of a law does not automatically bring compliance.In cases where parties on the surface seemto operate according to formal rules, below the surfacepractices based on tradition, personal relationshipsor ethnic ties can prevail. These practices maybe positive at times, but can also hinder a country’spolitical development. Facilitators should ensurethat this informal dimension is not overlooked in adialogue about political party legislation.Electoral systemsElectoral systems have a profound effect on thepolitical life of a country, as political interests solidifyaround and respond to the incentives presentedby them. 10 The kind of electoral system effectivelydetermines who is elected and which party gainspower. For instance, first-past-the post systemsoften lead to single-party governments and a coherentopposition, while proportional representationsystems tend to encourage the formation of severalpolitical parties that generally reflect political andideological differences within society. 11Even though most new or struggling democraciesestablished and locked in their electoral systemsduring or soon after their break from dictatorialrule in the 1980s and 1990s, electoral system reformusually continues to be the subject of debatebetween political parties (Carothers 2008). In thecase of new election policies and legislation (e.g.when the number of constituencies increases orindependent candidates are allowed to run for election),parties may wish to respond and protect orimprove their positions by proposing alternatives. Inthese cases, inter-party dialogue can be used as aplatform for information exchange, for formulatingjoint action and for the tasks of building detailed understandingof each other’s proposals and teasingout each other’s cases, which can lead to modifications.
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Political Party Dialogue â A facilitators guide