African
Union
political associations of their choosing and the free participation of these political groups and other
associations in open political competition. On the other hand, the rule of law and the supremacy of
the Constitution ensure that all individuals are subject to and treated equally according to the law,
and that no one is exposed to arbitrary treatment by the state. The rule of law also means that all
authorities, including armed forces and security forces must obey the law. Furthermore, the
legislative Acts of government should be enacted in conformity with the Constitution which is both
the supreme law at the domestic level and the foundation on which the exercise of all powers within
the state is based. This also encompasses the regular organization of free and fair elections as one of
the principal means for ensuring popular participation in the constitution of the government and the
monitoring of its performance.
QUESTION 1: Does the political system as practiced in your country allow for
free and fair competition for power and the promotion of democratic governance?
INDICATORS:
i.
The existence of individual and collective political rights, and the mechanisms and institutions to
protect them;
ii.
The efficacy of legal provisions and regulations governing political associations and political
parties, including:
membership
internal party democracy
resource allocation and financing of political parties in the country.
iii. The capacity of political parties to provide inclusive and legitimate participation in the electoral
process.
iv. An assessment of the electoral system, with a particular focus on the independence of the election
management institutions, political corruption and its effectiveness in terms of capacity to deliver
results that are adjudged to be broadly free and fair;
v. Instances of recent contentious electoral cases and how they were resolved by the courts;
QUESTION 2: What weight do provisions establishing the rule of law and the
supremacy of the constitution carry in practice?
INDICATORS
i.
ii.
iii.
iv.
v.
vi.
vii.
Whether the constitution clearly provides a fixed term or terms of office for the executive.
The existence of term limits in the constitution and a description of attempts (if any) to extend
executive tenure by constitutional amendment.
The effectiveness and efficiency of adjudication and law enforcement agencies.
The accessibility (geographically and financially) of adjudication bodies such as courts and
various forms of alternative dispute resolution mechanisms.
The effectiveness of institutions tasked with enforcing legal provisions that establish the rule of
law and affirm the supremacy of the constitution.
The extent to which security agencies are subject to the rule of law and the oversight of civil
authorities;
The incentives and protections available to citizens that report official misconduct, especially the
presence and effectiveness of „whistleblower‟ legislation.
15