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Publication
Report/Paper
Separation of Powers in a Constitutional Democracy: Discussions and Papers on Southern Africa
On behalf of the Office of the Chief Justice of Malawi, I am pleased to provide you a copy of the report on the Separation of Powers conference in Blantyre, Malawi, January 28-31, 2003. The report analyzes the numerous topics under discussion at the conference, including a detail of the proceedings and outcome of the meeting, with recommendations for next steps.
February 14, 2003
Publication
Survey
Public Opinion Survey in Papua, Indonesia (2002)
In June 2002, the International Foundation for Election Systems (IFES) in Indonesia commissioned Taylor Nelson Sofres (TNS) to carry out an opinion survey in Indonesia’s geographically largest province, Papua. This report outlines the results of the opinion survey that was conducted from September to November 2002. The results are based on 3,450 respondents throughout all 12 kabupaten (districts) in Papua. One portion of the total sample (n=1846) was chosen randomly to represent the total population of Papua in both urban and rural areas. In addition, a quota sample (n=1604) of 8 tribes was selected to gain a more insightful understanding of some of the indigenous people in Papua. The objective of the survey was to gather a broad selection of data to provide to various stakeholders with an interest in Papua and its future developments. Key groups include Papuabased universities and academic institutions, non-government organizations (NGOs), government bodies, and private enterprises who have established or wish to establish a presence in Papua. The survey explored a number of relevant topics including education, health, transportation, economic situation, culture, environmental protection, media penetration and attitudes held by the people of Papua. This is the first time an opinion survey of this magnitude has been carried out in Papua. It is anticipated that this survey will form the benchmark for future research and developmental projects in Papua. It is further hoped that the findings of this important study will create a constructive debate that will help to advance the development of Papua in the best interests of its people.
January 31, 2003
Publication
Report/Paper
The Blantyre Communiqué on the Rule of Law and Separation of Powers
organized and led a conference entitled “The Separation of Powers in a Constitutional Democracy” in January 2003 in Blantyre, Malawi. The Blantyre Communiqué, issued at the end of the conference, noted underlying principles, highlighted key consensus findings and universal principles of judicial independence for the SADC Region, and proposed 10 key recommendations to improve and promote the separation of powers and judicial independence. The Communiqué was attested to by the Chief Justice of the Malawi Supreme Court of Appeal, Honorable Leonard E. Unyolo.
January 30, 2003
Publication
Report/Paper
Judicial Independence from a Global Perspective with a Constitutional Democratic African Twist
How the institution of the judiciary emerges from its relatively recent constitutional birth and sails amongst recent historical global democratic and economic winds, will probably have more impact on sustainable democratic and economic reform and justice during the 21st century than any other single factor. My sense is that many of those gathered here today realize this truism and that reality gives us guarded hope for Africa’s future as well as the global community. Experience from around the world tells us that without a strong, independent, accountable judiciary, the fair and effective enforcement of Constitutional human rights, such as property rights and civil liberties, are not achievable objectives over the long-term. People everywhere want constitutional justice and the right to speak and own property. One of the regional and global messages we are sending today is that without an independent judiciary, these wellrecognized democratic rights, which are grounded in international law, country constitutions and case law, can not fairly or effectively enforced or implemented.
January 27, 2003
Publication
Report/Paper
The Constitutional Perspective: Theoretical and Philosophical Perspective
This address is concerned with constitutional fundamentals – immensely broad themes such as ‘government according to law’, and ‘democracy through law’ - which are found in every political system that is based on principles of democracy and the rule of law.
January 27, 2003
Publication
Report/Paper
The Fourth Branch: The Role of Media in a Constitutional Democracy
The focus of this paper is to look at how the judiciary and the media can forge a strategic alliance in order to enhance the doctrine of separation of powers in a constitutional democracy. One may ask, why the media and judiciary and not any other branch of government? The answer is simple. The media and the judiciary are the only two branches that have no direct political mandate from the people to carry out their function. This usually puts the two branches in a very weak position compared to the other two, executive and the legislature. Members of parliament and the executive branches always derive their political mandate from the people through periodic elections. But to be a judge or journalist, one does not need to seek direct political mandate through elections. Because of this, the executive and legislature usually think they are above the two because they consider themselves representing the views of the voters who voted them into power. This is why politicians usually attack judges and journalists on the account that they do not represent anybody.
January 27, 2003
Publication
Report/Paper
The Role of Judicial Review in Strengthening Constitutional Democracy and Promoting Economic Growth
The concept of a constitutional democracy, is a radical one, the full implications of which are not always readily appreciated. It changes the whole approach to the regulation of the state and those living in it from a political exercise which can in principle be, and in practice sometimes is value free and dictated by the majority, to one which is shaped and ruled, both directly and indirectly, by the Constitution and its underlying norms and values. Most countries in our region inherited the Westminster style of government which ordained parliamentary supremacy ? so that what parliament said was the unchallenged law. With the institution of constitutions in the region, such constitutions now become the supreme law of the countries. In a constitutional state, governance can never again be a merely pragmatic enterprise aimed exclusively at achieving the various goals comprising the government’s electoral mandate. Such governance is now subject to the Constitution and its values. Where the Constitution ordains itself as the supreme law of the land everything is to be done according to and in terms of the Constitution and the Bill of Rights applies to all law and binds the legislature, the executive, the judiciary and all organs of state.
January 27, 2003
Publication
Report/Paper
Agenda for the Regional Workshop for SADC Countries
IFES organized and led a conference entitled “The Separation of Powers in a Constitutional Democracy” in January 2003 in Blantyre, Malawi. Funded by USAID and co-hosted by the Chief Justice of Malawi, the aim of the conference was to promote a deeper understanding of the complementary roles of the three branches of government in a constitutional democracy, with an emphasis on the role of the judiciary. Over 40 judges, lawyers and legislators from countries of the Southern Africa Development Community (SADC) attended.
January 26, 2003
News & Updates
Press Release
European Parliament Recognizes IFES Leadership on Electoral Access for Disabled
WASHINGTON, D.C. - On January 15, 2003, the European Parliament unanimously passed a resolution on the status of basic human rights in the European Union, in which it recognized the role of IFES in promoting the electoral rights of citizens with disabilities and called on member states to ensure universal application of these rights. The non-binding resolution is produced annually to report on compliance with the European Charter of Fundamental Rights.
Publication
Report/Paper
2002 Elections in the Commonwealth Caribbean: The Electoral Experience of Jamaica and the Republic of Trinidad and Tobago
Elections as a political process serve as the single most important mechanism for citizens to participate in the selection of a government. When conducted to international standards, elections tend to confer legitimacy on a government. In the Commonwealth Caribbean, the electoral experience varies and tends to reflect not only the socio-political culture of the member state but also its particular electoral system...
January 13, 2003