Calls for Action
Governments should implement merit and experience-based selection criteria for appointments to key positions, such as judgeships, parliamentary committees, and executive agencies. This could involve establishing independent selection committees composed of legal experts, civil society representatives, and members of the respective branch. (see Annex i - How to ensure transparency and public scrutiny in the appointment process?)
Governments should define fixed terms of office for key positions within each branch to prevent arbitrary removal or premature termination. This could include establishing staggered terms for judges, legislators, and executive officials to ensure continuity and stability. (see Annex i - How does elimination of fixed terms can significantly disrupt the balance and functioning of democratic systems?)
a. Enact provisions to protect incumbents from retaliatory actions or reprisals by ensuring that their terms cannot be shortened or extended arbitrarily. E.g In Germany, judges hold office for a maximum of 12 years or until they turn 68, whichever happens first. Their tenure is non-renewable, and they can only be dismissed through a judicial decision, ensuring their independence and shielding them from political influence. Members of the Bundestag are elected to serve four-year terms and are safeguarded from arbitrary dismissal through established legal procedures and parliamentary immunity.
National and local governments should foster open and informed public discourse about the importance of maintaining the division of powers and protecting democratic institutions from erosion or abuse. (see Annex i - How to foster open and informed public discourse about the importance of maintaining the division of powers?)
a. Organise public forums, town hall meetings, and debates focused on topics related to the division of powers, separation of powers, and the role of democratic institutions in safeguarding citizens' rights and freedoms.b. Collaborate with schools, universities, and educational institutions to integrate civics education and democratic governance principles into curricula and extracurricular activities, fostering a culture of civic engagement and democratic participation from an early age.
c. Conduct community outreach activities, such as neighbourhood meetings, door-to-door campaigns, and community workshops, to reach underserved or marginalised populations and ensure that their voices and concerns are heard in discussions about democratic governance.
Political leaders and policymakers should demonstrate commitment to upholding the division of powers through their actions, decisions, and policies, prioritising the interests of the public over partisan or personal agendas. (see Annex i - What is the role of the UN General Assembly, UN Security council and UN Human Rights council in maintaining the Independence of the Legislative, Judicial and Executive Branches?)
a. Establishment of Independent Oversight Bodies: Create independent oversight bodies, such as parliamentary committees, judicial review commissions, or ombudsman offices, tasked with monitoring and evaluating adherence to the division of powers.
i. Empower these oversight bodies with authority to investigate allegations of executive overreach, legislative encroachment, or judicial activism, and to recommend corrective actions or sanctions when necessary.
b. Legislative Safeguards:
i. Enact legislation that reinforces the division of powers and sets clear boundaries for the roles and responsibilities of each branch of government.
ii. Include provisions in legislative frameworks that require parliamentary approval for key executive appointments, judicial nominations, and major policy decisions, ensuring that decisions are made transparently and with input from multiple stakeholders.
c. Executive Accountability:
i. Strengthen mechanisms for executive accountability, such as parliamentary oversight committees, independent auditors, and anti-corruption agencies, to hold government officials accountable for their actions and decisions.
ii. Require executive officials to adhere to transparency and accountability standards, including public disclosure of assets, conflicts of interest, and lobbying activities, to prevent abuses of power and conflicts of interest.
Main Outcomes
Strengthening Democratic Governance: The call to action aims to contribute to the improvement of democratic governance systems worldwide by advocating for legal reforms, promoting engagement with civil society, seeking international support, fostering public discourse, and encouraging political will.
Enhancing Division of Powers: The implementation of legal reforms, independent oversight bodies, legislative safeguards, and executive accountability measures would reinforce the separation of powers among the legislative, judicial, and executive branches, ensuring checks and balances and safeguarding against abuses of authority.
Increasing Transparency and Accountability: The call to action would promote transparency and accountability in government actions by enhancing measures such as transparency in appointment processes, independent oversight mechanisms, and executive accountability measures. This would help to promote public trust in democratic institutions.
Empowering Civil Society: The mobilisation of civil society organisations, fostering public discourse, and encouraging community engagement would empower citizens to actively participate in democratic processes, monitor government actions, and hold policy makers accountable for their decisions and policies.
International Collaboration: In order to promote good governance practices and defend democratic principles worldwide, the call to action would seek support from international organisations, engage in multilateral forums, and promote dialogue among democratic allies. This would foster international collaboration and solidarity.
Panel Discussion Summary
The panellists delved into the crucial role of division of power as the cornerstone of democracy, highlighting its absence in various countries, notably Turkey and Hungary. They emphasised the importance of international organisations, NGOs, and civil society in exerting pressure to ensure the establishment of effective checks and balances and the proper implementation of power division.
Raila Odinga talked about how in democratic governance systems, the separation of powers between the executive, legislature, and judiciary is essential for maintaining balance, yet there's often competition and tension among these branches. The executive, wielding significant power over revenue collection and distribution, sometimes seeks to encroach on the authority of the legislature and judiciary. Similarly, the legislature may attempt to expand its powers through unconstitutional means, leading to judicial intervention. Mr. Odinga has observed this dynamic, globally from Kenya to Israel and he underscored the ongoing challenge of preserving the delicate equilibrium between these branches of government.
Andras Baka, former President of the Supreme Court of Hungary and a member of the European Court of Human Rights, emphasised the critical importance of the separation of powers in modern democratic governance, noting its endangerment. He identified executive overreach, legislative dominance, and judicial activism as threats to this separation. Highlighting Hungary as an example, he illustrated how executive overreach has led to an erosion of democratic principles and the consolidation of power. He suggested that international support, including from organisations like the European Union and civil society, is crucial in safeguarding the division of powers. He advocates for measures such as freezing European Union funds to pressure governments and protect democratic institutions.
Yavuz Aydin, a former judge in Turkey, shed light on the erosion of democratic principles and the rule of law in his country following a failed coup attempt in 2016. He narrated how thousands of civil servants and judges, including himself, were unjustly labelled as terrorists by the government, leading to mass purges and incarcerations. Despite landmark decisions by international bodies like the European Court of Human Rights (ECHR) condemning these actions, the Turkish government has been reluctant to implement reforms. Aydin highlighted the critical role of diplomatic pressure, particularly from European Union member states within the Council of Europe, in compelling Turkey to uphold human rights and democracy. He advocates for collective action to hold the Turkish government accountable and emphasises the importance of perseverance and belief in the possibility of positive change amidst challenging circumstances.
Yossi Beilin, former Minister of Justice in Israel, recounted the internal struggle within Israel's government, where the extreme right sought to undermine the Supreme Court's authority to advance their ideological agenda (about the occupation of Palestinians). Drawing inspiration from Hungary, they aimed to reshape the judiciary to align with their interests, challenging the balance of powers in the country. However, sustained public protest and international attention thwarted their attempts, demonstrating the resilience of democratic values. Beilin underscored the importance of education and civic engagement in safeguarding democracy, emphasising the need for ongoing dialogue and cooperation on a global scale.