Author: Alexander Hudson
Site of the publication: IDEA
Type of the publication: Report
Date of the publication: 2023
Two transitions: independence and democratization
Cabo Verde gained independence from Portugal in 1975 as a one-party state, ruled by the African Party for the Independence of Guinea and Cabo Verde (PAIGC; the reference to Guinea was dropped in 1980 and the party is now known as the PAICV). There was some liberalization within the context of the single-party state in the late 1980s, and multiparty democracy emerged with the 1991 election after which the PAICV ceded power to the victorious Movement for Democracy party (MpD). There was a real danger that the country would revert to single-party rule again under the MpD, but the parties alternated in power again in 2001 and 2016.
However much the connection between democracy and national wealth is discussed, it is not the only thing that matters for democratic consolidation, and Cabo Verde had some starting advantages that are relatively rare on the African continent. For one, ethnicity has not been a politically salient cleavage in the country, and a singular national identity began to emerge during the late colonial period. Most of the population is of mixed ancestry (though there is a large African minority), and neither of the main political parties has sought to politicize a divide of this nature. Another consequence of the colonial period was that Cabo Verde achieved independence with a relatively high level of popular education and administrative competence.
Indeed, in the late colonial period Portugal came to rely on Cabo Verdeans as administrators in its other colonies. This high level of professionalism in government service is also reflected in the GSoD Indices data, which shows that Cabo Verde already performed at a mid-range level in the Rule of Law at independence. A third factor that may have contributed to the consolidation of democracy in the country is that the independence struggle was largely non-violent, and the military has not been a significant actor in the political system.
Developments in constitutional law
Beyond these starting advantages, Cabo Verdean constitutional law also developed in productive ways in the 1990s. The 1992 Constitution gave international treaties status as domestic law, with particular attention given to the Universal Declaration of Human Rights (UDHR).
The revised Constitution significantly improved countervailing institutions, particularly through improving the balance of power between the president and the legislature (National Assembly), and significantly limiting the power of the president to dissolve the Assembly. The Constitution was also significantly amended in 1999, creating two new countervailing institutions (a Constitutional Court and an ombuds institution).
There were local political reasons to pursue limitations on the power of government (as each party operated on the assumption that at times it would be in opposition), but another significant motivation was the pursuit of closer ties to important trading partners, particularly in Europe. Cabo Verde pursued the fulfilment of a number of international goals for good governance in order to obtain a Special Partnership with the European Union, which it successfully concluded in 2007. The country was also able to obtain new sources of funding from the International Monetary Fund and World Bank on the basis of its high quality of governance.
Judicial Independence radically improved after the ratification of the 1992 Constitution, and continued to improve as the country pursued the Special Partnership with the EU. While Judicial Independence has declined somewhat of late, the powers and competencies of the judicial institutions have continued to grow. The constitutional amendment passed in 1999 created a Constitutional Court that would take over some functions from the Supreme Court. However, the court was not actually established and staffed until 2015.
The Constitutional Court has broad powers to guarantee the foundations of democracy, including through reviewing the constitutionality of constitutional amendments, adjudicating complaints about electoral processes, and giving effect to the constitutional commitment to international law.
Cabo Verde pursued the fulfilment of a number of international goals for good governance in order to obtain a Special Partnership with the European Union, which it successfully concluded in 2007. The country was also able to obtain new sources of funding from the International Monetary Fund and World Bank on the basis of its high quality of governance
Political participation
The apparent weakness of Participation in the GSoD Indices data has several components. The first is that politics in Cabo Verde has a tradition of being elite-focused. The transition to democracy was driven by elite politics, not by a popular movement.
Political competition continues to operate through two well-institutionalized parties. Relatedly, Cabo Verde’s relative economic health and strong reputation for good governance have combined to reduce its attractiveness to donors of development aid. The lack of such aid has meant that, unlike many African countries, the civil society sector remains predominantly voluntary, and has lower levels of both professionalization and participation than countries that receive more aid.
Finally, measures of electoral participation are affected by Cabo Verde’s approach to voting rights for emigrants. Cabo Verdeans have emigrated at significant rates for many decades, and at present there are reported to be twice as many Cabo Verdeans living abroad as are living on the islands.
Voting rights are extended to emigrants who maintain some ties to the islands, for example through visiting at least once every three years. Emigrant voters are important to Cabo Verdean politics, and are understood to have been decisive in the victories of the PAICV candidates in the 2001 and 2006 presidential elections. However, despite their importance to electoral outcomes, emigrants vote at a very low rate. Few emigrants are registered to vote, and even fewer follow through by submitting a completed ballot.
The Constitutional Court has broad powers to guarantee the foundations of democracy, including through reviewing the constitutionality of constitutional amendments, adjudicating complaints about electoral processes, and giving effect to the constitutional commitment to international law
Comparative lessons
Given its unique history, what lessons may Cabo Verde have for other African countries? One key is that a commitment to good governance eases the transitions between democracy and non-democracy, and between parties in power. A broad commitment to good governance and a professional civil service lowered the costs for the ruling party to open the political system to multiparty elections and has ensured stability in the alternations in power that have followed.
Another key point is the relative strength of countervailing institutions. The constitutional revision of 1992 introduced a healthy balance of power between the president and the National Assembly. These changes were supplemented by the new institutions created by the constitutional reform of 1999. Elite commitment to limited and accountable government is an indispensable support for many other democratic processes and is not historically contingent. Finally, the case illustrates the potential positive effects of the possibility of partnership agreements of various kinds between established and nascent democracies.