Thinking Democratically: A Comprehensive Approach to Countering and Preventing Shrinking Space

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