Patrimonial politics Ivorian style

Although the UN, which oversaw the election, has backed the election commission and Mr Alassane, Mr Gbagbo is basing his claim on constitutionalism. The fact that the Constitutional Council has awarded him the majority vote and sworn him back into office is seen as constitutionally legitimising his tenure. Mr Gbagbo has in effect, masterminded a constitutional coup. The security chiefs have also declared their loyalty to Mr Gbagbo. It is this combination of military support, nominal constitutionalism and some electoral support from the south, which has convinced Mr Gbagbo that he can hold on to power despite calls for him to step aside. Mr Ouattara has also taken the oath of office and appointed a cabinet but the fact he was not sworn in, has given Mr Gbagbo some ammunition to claim that it is Mr Ouattara, not he, who is the unconstitutional leader.

Paradoxically, the legitimate president-elect has sworn himself in unconstitutionally while the defeated incumbent has refused to relinquish power and used the constitution to undermine democracy. Now there are two presidents running one country.

Such paradoxes can only thrive in a political environment where the most important democratic institutions have lost their independence and credibility to pervasive patrimonial politics. Appointments to these institutions are more often based on party affiliations or patronage politics. They are therefore more accountable to the party than the people they are supposed to serve. As a result the military, judiciary, electoral commission, constitutional council ect. Can no longer function independently and effectively for the common good of a nation. That is what is happening in Ivory Coast. The military, the constitutional council are fulfilling their patrimonial obligations by backing the ruling party illegally to hang on to power.

Among the 33 articles that were adopted in the African Union Treaty was Article 30: "Government which shall come to power through unconstitutional means shall not be allowed to participate in the activities of the Union." Was the word 'unconstitutional' to mean just coming to power by the bullet?

Precedence should be set now in order to prevent future "power junkies" from using illegal means to stay in power at all cost. A clear and unequivocal message should be sent out to all potential power addicts, that independent institutions, (military, judiciary, electoral commission, constitutional council), should not be manipulated in any way to satisfy their power addiction.

A broad range of diplomatic and financial sanctions could weaken the patronage system, which has allowed the incumbent to flourish. However, serious international sanctions have often proved to be flawed and ineffective. This time around, UN would need regional input if the sanctions were to have teeth. If seriously implemented, it would put considerable pressure on Mr Gbagbo to step down sooner rather than later. Co-ordinated Ecowas and international diplomatic and financial sanctions proved effective against coup leaders in Niger, Togo and Guinea in the past year or so. Sustained and biting pressure should be exerted and the use of military force should be the last resort, when all channels are exhausted. In this regard, I applaud the efforts of the presidents of Benin, Sierra Leone and Cape Verde, who are trying to resolve the crisis diplomatically. The West African organ, ECOWAS, presided over the departure of Charles Taylor from Liberia. ECOWAS also negotiated the smooth resignation from power by Kumba Yaya in Guinea-Bissau.