Federalism for Guyana Ravi Dev Column
Kaieteur News

June 20, 2004


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(The following is the first excerpt on ROAR’s on Federalism)

LIKE “democracy”, federalism in its modern incarnation was the consequence of a polity dealing with an historical contingency – in this instance Britain’s 13 colonies in North America deciding to form “a more perfect union”.

Unfortunately, the American experience has resulted in most persons focusing on the structural, territorial aspects of federalism – federalism as a form of government - even though some of the early American political theorists gave much broader rationales for introducing the concept.

The Swiss, however, not long after the US, adopted federalist principles that went beyond mere governance issues and dealt with the question of “national identity and culture” in a multiethnic society, and forged a most stable society and state.

Just as with “democracy”, the application of federalist principles will have to be sensitive to the nuances of the particular society as to which aspect of this omnibus concept should be stressed.

Federalism is not just a form of government; any “form” of human organisation is under girded by an ideology or philosophy about how human societies can and ought to be organised.

“In its most general and commonly conceived form, federalism can be considered as an ideology which holds that the ideal organisation of human affairs is best reflected in the celebration of diversity through unity.” Federalism, then, has its particular perspective on governance, to achieve stability with justice in pursuit of the good life - the objectives of most human communities. Federalists are sensitive to the Kantian caution that “ought” implies “can”, so that an understanding of the empirical conditions of the society under consideration is an absolute prerequisite, since each society will have its own idiosyncratic enabling or retarding institutions and structures.

And it is for this reason that we have spent such a considerable time on describing the Guyanese reality.

While it may not be a “purely self-referential” political philosophy, federalism does have a substantive as well as procedural or structural/institutional component.

The substantive aspect concerns itself with the sociological values that the groups in the particular society seek to realise, while the procedural component focuses on processes, institutions and organisational forms that the groups in society may utilise to realise their values by living together.

Substantive Aspects of Federalism: Sociological Federalism

Substantively, Federalism is centred on the values of liberty and freedom and seeks to give life to those democratic values by integrating diverse groups within societies through accommodation, and not obliteration of their differences.

In the post-modern, post-colonial world, there is not only an acceptance, but a celebration of diversities. Even a staid British expert pronounced, as far back as the middle of the last century, that “one of the most urgent problems in the world today is to preserve diversities…and at the same time, to introduce such a measure of uniformity as will prevent clashes and facilitate cooperation. Federalism is one way of reconciling these two ends.”

Federalism thus seeks to achieve and maintain unity and diversity: it addresses the innate need of people (and politics) to unite for common goals and yet to remain separate and preserve their respective integrities.

Federalism means organising our society around the principle of freedom and autonomy rather than through the calculus of bureaucratic efficiency.

From this perspective, federalism demands quantum changes in our conceptions about means and ends in politics.

Federalism keeps in focus at all times this concern about means and ends and insists that we cannot intend to have people live in democracy and freedom, while utilising institutions that stifle and restrict the liberty of the people.

In general there is an inevitable lag between the institutions honed during times of more restrictive conceptions of human freedom and the more expansive ones prevalent today.

In Guyana, federalist principles would have to infuse the new political culture to give life to the values of democracy, while institutional changes would have to nurture and inculcate these new values at the personal, social and ideological levels.

Federalism deals directly with the fact of pluralism in the post-modern world. John Rawls elaborates on the rationale for this reality so well, that it is worth an extended quote:

“The diversity of comprehensive religious, philosophical and moral doctrines found in modern democratic societies is not a mere historical condition that may soon pass away.

It is a permanent feature of the public culture of democracy. Under the political and social conditions that the basic rights and liberties of free institutions secure, a diversity of conflicting and irreconcilable comprehensive doctrines will emerge, if such diversity does not already exist.” (my emphasis)

While there will be many expressions of diversity, from a political perspective, we have seen that in the post modern world, ethnicity has become the most widespread one, leading to severe strains and conflicts in many countries that are attempting to pursue democratic norms. Federalism also addresses this seemingly inevitable and intractable conflict between nationalism/ethnicity and democracy.

It combines kinship (the basis of ethnicity) and consent (the basis of democratic government) into politically viable entities through constitutionally protected arrangements, involving territorial and non-territorial politics. This is the central need of politics in Guyana.

In the modern world where groups, especially ethnic groups, have not disappeared into some sort of mélange, and there are far more groups in the world than countries, federalism performs a sociological function by simultaneously facilitating the integrity of various groups and their input into the political system.

Thus federalism combines the seemingly contradictory impulses present in all societies, but accentuated in plural societies such as Guyana, the need to be united (the principle of solidarity – and shared rule) and the need for groups to live authentically – (the principle of autonomy – self rule).

To satisfy the first need, societies have to engender a unity of purpose to ensure effective governance and this inevitably leads to some form of concentration of power - but with federalism, this is achieved by shared rule, under a contractual basis. On the second societal need, federalism facilitates the freedom and liberty to make choices; and this inevitably means a diffusion of political power in some sort of shared-rule.

In organising around the principle of autonomy, federalism achieves a political compromise – union with autonomy, unity with diversity. (To be continued)


Controlling your destiny





(We continue with the second of our three-part series on Federalism for Guyana.)

Procedural Aspect of Federalism: Bargaining In 1795, the philosopher Immanuel Kant noted that the word “Federalism” was derived from the Latin word “foedus” - meaning “covenant” - signalling the contractual basis that is the root feature of all Federal arrangements.

Federalism proposes that people should make free choices in their relationships and that these choices should flow from conscious, negotiated, contractual agreements. Individuals are seen as autonomous and should then be free to define their associations both privately and publicly.

At a macro level, for instance, the representatives of the various groups in a country ought to negotiate as to how they should be governed, that is to be able to craft their Constitution through bargaining and negotiating. Constitutionalism and “constitutional engineering” – to allocate power authoritatively in a society and state - are thus quite compatible with federalism.

This insistence on free choice is a fundamental point that flows from a view of human freedom and autonomy - that individuals know what is best for them and in terms of governance, should choose their representatives.

This view ineluctably leads to the necessity for governments to have as wide a range of representation as possible so as to be as legitimate as possible, especially when those representatives are chosen on ascriptive criteria, as in Guyana. Conversely, the federalist insistence for autonomy of the individual is based on a view of justice that the individual should ultimately be responsible for his decisions since each individual had freedom of choice in making his choice.

The point, of course, is that we must structure our social relations in such a manner as to best allow that freedom of choice. Here, the cleavages in the society become most pertinent.

Cleavages

As we have emphasised, while there are societies that may have convinced themselves that they, and their forms of governance, have evolved “organically” from some hoary past, we in Guyana can harbour no such illusions.

Even more than other societies, Guyanese who were ruled for so long under rules imposed by others, who were objects rather than subjects, should acknowledge that the allocation of power within our society, and the basic policies structuring our activities must be arrived at through some sort of bargaining.

Only in this manner will the necessary legitimacy be conferred on our governing institutions.

In Guyana, because of the widespread denial of ethnicity as the most salient line of cleavage, there is great reluctance, amounting to a conspiracy of silence, to accept that bargaining on behalf of ethnic groups is in no way morally inferior to bargaining on behalf of, say economic classes.

This reluctance is greater amongst the African middle-class leaders who may have a problem with being identified as “African” based on their Creole Euro-centric hegemonisation and also to their refusal to jettison their claims at greater legitimacy and accept that they may have to share governance with other groups. For the Indian leadership, especially in the PPP, they do not want to lose the legitimacy to govern by accepting that they do not speak “for all the people”, since the size of their Indian constituency let them have their cake and eat it too.

Since 1957, the electorate has increasingly indicated at the polls that they consider it best that their political interest be represented by ethnic representatives.

There can be no denial of the need to arrive at methods to deal with this peculiarity. Even though, as with all contracts, there will be the need to make concessions, negotiations at all levels will ensure that there will be widespread sharing in the decision-making and executing processes. We must have some sort of covenant for governance, which is the basis of federalism.

Procedural/Formal/Structural Aspect of Federalism: Non-centralised governance

Another value facilitated by federalism was also suggested by Immanuel Kant who contrasted federalism with “administrative centralism…(which)… leads to the loss of liberty of individuals, communities and nations.”

He thus spelled out another of the substantive aspects of modern federalism – protection of the individual from big government. As Kant pointed out, by dispersing power to many centres, federalism acts to curb excessive concentration of power against the always potentially tyrannical government.

In this way federalism serves the political end of enhancing freedom and thus furthering democracy. This abuse of state power has been a constant in Guyanese history and has to be addressed within any democratic design for Guyana.

The principle of “subsidiarity” - articulated recently in Europe as they grapple with unifying a multiplicity of societies and cultures is an important initiative.

The principle insists that for the most effective and responsive governance several, smaller centres of government and power should be created and most importantly, that policies be executed at the lowest possible level of government.

This principle of federalism facilitates the participation of citizens in the decision making process and further enhances their freedom.

“Glocalisation”

As emphasised several times in this paper, the unitary state originated in conjunction with the movement towards the nation-state during the last few centuries out of the same centralising impulses, for the accommodation of capitalistic economic expansion.

Today, globalisation has moved capitalism to a different level and it is obvious that the autarkic nation-state is no longer needed when even small villages can forge direct links to the global economy. Today there is a simultaneous movement of states towards forming federations while within the individual states, there is a loosening of control over social groups. Some have called this process “glocalisation”.

The European Union is a good example of these tendencies that have been put into practice during the last fifty years.

Federalism addresses the contradiction of an economically integrated world existing within a politically fragmented one and the twenty-first century will certainly witness an intensification of the movement of statism to federalism already in motion over the last fifty years.

That seventy-five percent of the countries in the world are now governed by federalist principles is an acknowledgement of the paradigm shift in the relationship between man and state.

Guyana and other countries attempting to catch up with the developed countries, have to leapfrog not only technologies of production but technologies of governance.



( To be concluded next week)