Photo : Zoubeir Souissi/Reuters/Aljazeera
NIAS Area Studies
AFRICA MONITOR
Photo : Zoubeir Souissi/Reuters/Aljazeera
IN FOCUS
Tunisia: Presidential decree to create a new judicial watchdog, and consolidate his power
by Poulomi Mondal
In the news
On 13 February, Tunisia’s President Kais Saied issued a decree establishing a new provisional Supreme Judiciary Council. He abolished the existing High Judicial Council and has now acquired additional powers to control Tunisia’s top judicial organization. The decree says that the President controls the selection, promotion, appointment, and transfer of judges and, in certain circumstances can act as a disciplinary body in charge of removals.
On the same day, the International Court of Justice (ICJ) stated on Twitter that the decree “consolidates power in the hands of the President,” effectively leading to the termination of “any semblance of judicial independence in the country.”
Protestors took to the streets of Tunis, waving flags and chanting: “Shut down the coup…take your hands off the judiciary.” Ambassadors to Tunisia from countries in the G-7 group, inclusive of major donor countries to Tunisia, voiced ‘deep concern’ regarding the dissolution of the judicial council and said that an independent judiciary was essential to democracy.
Issues at large
First, the consolidation of power by the President. Though President Kais Saied’s narrative is on the need for a judicial overhaul to address the inefficiency of its functioning, the real reason is to consolidate his power. Abolition of the high judicial council to be replaced by a provisional council will go against the idea of separation of powers in a democracy and would make the executive stronger.
Second, executive vs judiciary. The discontent regarding the inefficiency of the high judicial council among the people justifies the actions taken by the President. Specifically, the issues of rising internal corruption, failures in terrorism rulings and stalling of investigations in high-end assassinations. The conspiracy theories behind these assassinations are also tactfully directed by the President in the debate to mobilize the public sentiments and attack the judiciary.
Third, internal opposition. The resignation of Tunisia’s Chief of staff Nadia Akacha, often considered the ‘right-hand’ woman to Saied based on fundamental disagreements highlights that all is not well in the internal power dynamics. Besides, there has been widespread opposition from civil society against the President. It only exposes the conflict between Saied and the Ennhada Islamic movement that presents him with a multi-directional problem at home.
Fourth, external response. While the overt support by UAE, Saudi Arabia, and Egypt for the coup and especially against the Ennhada Islamic movement have been favourable to Kais Saied’s efforts.
In perspective
First, the democratic reversal. Steps were taken by the President in July 2021 (suspension of the Parliament, declaring a state of emergency, abolishing democratic constitution, stripping of parliamentary privileges) and in January 2022 (prosecution of opposition political leaders, and the puppeteering of unelected Prime Minister Najla Bpuden) highlights the efforts to consolidate power. This also dismantles democratic pillars like the Constitution, Parliament, and the judiciary.
Second, the Tunisian revolution. It has been ten years since the revolution. Tunisia presented a model of democracy and a progressive constitution. Unfortunately, the very same institutions and principles which helped in the Tunisian democratic transition is under threat.
Libya: With two Prime Ministers, a new political crisis
by Harshita Rathore
In the news
On 10 February, the Libyan Parliament appointed former Interior Minister Fathi Bashaga as its new Prime Minister. The decision comes due to the failure of the existing Prime Minister Abdul Hamid Dbeibah to conduct national elections in December. Dbeibah refused to accept the decision and swore to remain in power until national elections. He said: “accept no new transitional phase or parallel authority.”
On 11 February, protestors gathered in large numbers in Tripoli and Misrata objecting to the appointment and demanded Dbeibah’s National Unity Government to stay. They also called for elections to be held as per the Geneva Agreement.
On the same day, UN Chief Antonio Guterres made a statement: “All parties to continue to preserve stability in Libya as a top priority.” The UN warns of renewed fighting and political instability. Earlier it appointed Dbeibah as part of the UN-led peace process to resolve the conflict.
On 12 February, Joint Operation Force gathered at Tripoli’s Martyrs Square in support of Dbeibah. According to Colonel Ibrahim Mohamed, Field Commander of the Joint Operations Force said: “…the reason for our presence here in the first place is to preserve the democratic path in Libya. We are here to defend international legitimacy, and our goal is to preserve legitimacy.”
Issues at large
First, the political divide in the east and west Libya. The divide can be seen from the existence of two governments - one backed by the UN and the other by the militia leaders of the east. Libya has been governed by a constitutional political system after the killing of Muammar Qadhafi in 2011. Since then, there was a divide between the east and west.
Second, the external actors. The West has urged the current government to remain until elections to prevent chaos. In terms of accepting the appointed new Prime Minister, the stance of the West, and other countries - Turkey, Russia, and the United Arab Emirates is unclear. Apart from them, Egypt’s Foreign Ministry welcomed the new government. The UN has constantly backed the Government of National Unity (GNU) and recognizes Dbeiba’s leadership. If the elections take place, it will replace the current power-sharing structure with Prime Minister leading the government with a three-person presidential council and a single President. External actors hope that the elected President would act as the push toward a new constitution, ban foreign mercenaries inside Libya and bring one bank, one military force.
Third, the problem of transition. Since 2011, the political system of Libya is tangled. Even after the constitutional government came to power, Qadhafi’s political system has not been modified. The elections were to be conducted in December 2021. The political transition is yet to happen.
In perspective
First, the possibility of conflict continuing. Looking at the current scene and tensions brimming between the east, west, and the militia, the conflict is likely to continue. Second, political instability in Libya. Until an agreement or a common dialogue is agreed between the parties, Libya will remain unstable.
IN BRIEF
by Padmashree Anandhan, Sejal Sharma and Satyam Dubey
Sudan: pro-democratic protests in Khartoum and other cities
On 14 February, various cities in Sudan once again witnessed pro-democratic protests in Khartoum, Omdurman, Port Sudan and Wad Madani, demanding to installation of a civilian government. The protest was delt by security forces using ammunition and tear gas, where two men were shot down. Authorities in the capital city warned the protestors to assemble in public to prevent physical clash, and despite the warning, with continued protests, more than 2,200 were wounded. The internal situation of Sudan has deteriorated since the coup.
Burkina Faso: French air raids kill armed group related to Benin attacks
On 13 February, 40 militants involved in recent Benin attacks were killed in a joint operation carried out by French forces. The French-led Barkhane forces in the Sahel region carried out the attack on the militants. The operation was conducted in view of the recent attacks on park rangers, where 9 people were killed including a French chief law enforcement instructor. The armed terrorist group had carried out two deadly attacks this week where lives were lost due to explosion in the W National Park, a wildlife reserve bordering the disputed Nigeria and Burkina Faso regions.
Madagascar: Cyclone Batsirai death toll revised to 120
On 11 February, in the aftermath of Cyclone Batsirai, the death toll reached 120. The coastal town of Mananjary was the most affected, with entire surrounding villages swept away. More than 30,000 people have been displaced and 124,000 were rendered homeless due to the destruction caused by the cyclone. Several affected communities are still trapped and unable to receive aid owing to the road closures caused by landslides. German and French rescue teams are contributing to local aid efforts and reconstruction in the affected regions. The cyclone comes as the second destructive storm to hit Madagascar in the past two weeks.
Somalia: Several killed in a suicide bombing
On 10 February, a suicide bomber targeted a minibus carrying election delegates, in Mogadishu. However, the terrorist missed the target and ended up killing six civilians while 13 others were injured. The attack comes ahead of the Parliamentary elections happening across the country. The targeted delegates were responsible for selecting the lawmakers. The Al-Qaeda linked group Al Shabab claimed responsibility for the attack. The group aims to dismantle the disputed central government in order to seize power and carry out an attack to disrupt the ongoing elections.
Uganda: ICJ orders war reparations to be paid to the Democratic Republic of Congo
On 9 February, Kampala was directed by the ICJ to pay USD 325 million to Kinshasa for damages caused during the brutal war in the 1990s. The ruling for reparations was made in 2005 but had not been followed by Uganda yet. The Democratic Republic of Congo (DRC) had demanded an amount of USD 11 billion, however, the court deemed only a fraction of it as justifiable. This comes as a shock to DRC as after decades of legal battles the court ruling stated insufficient evidence to support the complainants' claim for compensation. The ruling was perceived as unjust by the DRC’s Foreign Ministry.