International Human Rights Lawyer, Betty Kaari Murungi Esq, has
said that the decline and decay of the nation state and the
international system has contributed a great deal to the embedding
of impunity.
Betty Kaari Murungi Esq., made this statement while speaking as
a Keynote Speaker on “Governance, Impunity And Accountability In A
Populist Era”. According to her, what we thought was the liberal
triumph seems to have generated new problems: Nationally,
Liberalism yielded stronger rights regimes, plural politics,
empowered citizens, free media, diffused state power and
constitutional opportunities, but the correlate is that it
[liberalism], has weakened the state; unleashed seemingly
ungovernable identity and grievance politics; and strengthened
procedural rather than substantive democracy.
She added that internationally, liberalism has yielded a
fortified type of multilateralism and multiculturalism – witness
the panoply of international organisations such as the IoM, WTO and
the ICC and permitted free flow of labour. But in this era of
populism, we are witnessing a rising disbelief in and disregard of
this system; anti-immigrant laws and sentiments; decline in
cooperation in the international security, among others. Asking
whether liberalism has become a victim of its success, she stated
that he still believes in liberal ideas of choice, freedom, liberty
and rights. However, a time has come when we must inquire into the
efficacy of this system and how to upgrade it to deal with the
crisis that coincided with its rise.
Speaking further, she noted that the debate on impunity is
taking place almost in every country. Not just here in Nigeria.
“The debate on impunity is taking place almost in every country.
Not just here in Nigeria. Democratic deficits are deepening and
impunity and justice gaps widening everywhere. Are
governments failing because they are not interested in making
governments work, or because they have rejected the liberal model
and want to hark back to a system that is more familiar?
“Reference morning discussion about the retreat to
authoritarianism in Nigeria – anti social media law, shrinking
civic space, hate speech law etc. What forces are impacting on
leaders and society to generate the outcomes that we see everywhere
today? Why is the world sliding back into the Hobbesian state of
nature where life was short, nasty and brutish? “, she said.
Turning to the Judiciary, which to her is one institution that
is central to any discussion on governance, accountability and
impunity, he stated that the Judiciary is really the last
frontier between the people and the state – it is the last frontier
between democratic order and authoritarianism; the last frontier
between peaceful transitions and armed conflict.
According to her, if judiciaries fail, the conditions for nasty
consequences are created. “Governments transform into
bandits, vandalising and vulgarising institutions and become “A law
unto themselves”. Tyranny is assured in this circumstance,” she
added.
She also added that it is not in the interest of the executive
branch to have an independent judiciary and preserving this
independence will require change at deeper level — A change of
system; a rethink. A reboot – not just of individuals but ethos,
values, systems of governance at national and international level
as I have argued earlier.
“Judges and judicial officers also need to be accountable. Our
constitutions variously provide for accountability mechanisms –
Judicial service commissions that vet, hire discipline and fire
judges, judicial councils or anti- corruption bodies
“We need safeguards against abuse of accountability mechanisms –
especially against political interference that results in actual
interference with judicial function in deciding cases or questions
of law, removing judges irregularly or in excluding certain people
from sitting on the bench.
“The role of Civil Society Organisations even in this era of
reduced space for organising is critically important. It is
organisations such as bar associations and human rights
organisations including national Human rights Bodies ] that must
act to prevent accountability mechanisms from further abuse for
improper purposes/ total dissemination,” she said.
Concluding, she briefly addressed the use of Technology and new
media including social media, in electoral in eroding democratic
governance, including by diminishing accountability and the
authority and independence of the judiciary.
She spoke on freedom of expression and media and the role of
social media as an important space- for activism and
dialogue. According to her, this must be resisted vigorously
and any attempts to limit freedom of expression / association by
legislation or practice must be challenged in the courts. She
noted that in an age of populism however, social media is a double
edged sword. Discuss with examples: Manipulation of data by
technology companies of election results; use of social media to
influence elections – Cambridge Analytica; to humiliate and
‘cancel’ social justice activists, judicial officers and those that
seek accountability; and Echo chamber effect that is social
media.