Thinking Democratically: A Comprehensive Approach to Countering and Preventing Shrinking Space
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groups <strong>and</strong> population groups at the expense of those with wealthy connections. As shown by research<br />
from the Westminster Foundation for Democracy, the heightened role of money in politics<br />
disproportionately affects <strong>and</strong> excludes women, youth, people with disabilities <strong>and</strong> minorities. 54<br />
In addition, such a system incentivises parties <strong>to</strong> seek funding from private <strong>and</strong> even criminal<br />
groupings who will expect certain policies or impunity for their crimes in return. This creates “a kind<br />
of market for legislative decisions, based on the purchase of deputies or the distribution of public<br />
institutions”. 55 Policies then reflect the interests of party funders rather than the elec<strong>to</strong>rate, as<br />
parties are accountable <strong>to</strong> those who have invested in their elec<strong>to</strong>ral vic<strong>to</strong>ry. It also stimulates rentseeking<br />
behaviour, as it rids parties of ideological positions <strong>and</strong> turns them in<strong>to</strong> temporary vehicles<br />
<strong>to</strong> attain elected office <strong>and</strong> thereby power <strong>and</strong> wealth, without any commitments <strong>to</strong> the party’s<br />
policy agenda or the elec<strong>to</strong>rate. This completely divests elections of their meaning <strong>and</strong> function as<br />
an accountability <strong>and</strong> participa<strong>to</strong>ry mechanism ensuring inclusive representation.<br />
2.3 Rule of law, separation of powers <strong>and</strong> impunity<br />
A third tactic <strong>to</strong> close democratic space that was identified in the case studies is the undermining of<br />
the rule of law. As the separation of powers <strong>and</strong> system of checks <strong>and</strong> balances requires an<br />
independent judiciary, the judiciary was a primary target of efforts <strong>to</strong> undermine democratic space.<br />
Closely related <strong>to</strong> the independence of the judiciary is the purposeful perpetuation of an environment<br />
of systematic impunity, particularly of crimes against human rights defenders <strong>and</strong> critical political<br />
voices. As the rule of law is critical for upholding a level political playing field <strong>and</strong> protecting<br />
fundamental rights, this tactic is intimately connected <strong>to</strong> attacks on civic space <strong>and</strong> space for<br />
contestation.<br />
Attacking the independence of the judiciary<br />
The independence of the judiciary is critical for defending fundamental freedoms <strong>and</strong> upholding<br />
constitutionalism <strong>and</strong> is therefore a primary target of attacks on democratic space. In September<br />
2019, the UN-backed International Commission against Impunity in Guatemala (CICIG) closed down<br />
after 12 years in operations, in which it investigated <strong>and</strong> prosecuted corruption at the highest levels<br />
of government, including a president <strong>and</strong> vice-president. 56 The institution enjoyed widespread public<br />
support, but came under attack from President Morales when it opened an investigation in<strong>to</strong> the<br />
President’s brother <strong>and</strong> son in 2017. As a result of ongoing political pressure, the anti-corruption<br />
body was forced <strong>to</strong> leave the country, amid widespread concerns from rights activists.<br />
54<br />
Westminster Foundation for Democracy (2017): Cost of Politics – Synthesis Report. Available here.<br />
55<br />
See El Salvador case study summary, Annex 6.2<br />
56<br />
Al Jazeera, 2019: Guatemala’s CICIG: UN-backed anti-corruption body shuts its doors. Available here.<br />
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