CHECKS AND BALANCES
In northern Myanmar, in the state of Kachin, a controversial Chinesefunded dam project has been stalled for nearly seven years. According to the plans, the Myitsone Dam was projected to be one of the largest hydroelectric facilities in the world. Under the original deal signed by Myanmar’s military government, around 90 percent of the generated electricity would have crossed the border into Yunnan Province in southern China, while the remaining 10 percent would have gone to Myanmar’s people. Even with the project on hold, villagers have already been moved away from land that would have been flooded if the dam were ever completed.
With Myanmar’s transition to a democratic government, one could easily explain why the Myitsone Dam got stuck: it’s unpopular. Its nature as a Chinese-funded project raises immediate questions as to why China isn’t constructing it in its own territory. It also crosses the Irrawaddy River, central to Myanmar’s self-image. And those who have been forced to leave their homes are a ready-made constituency radically opposed to its construction.
Except the project was stalled before Myanmar had its general elections in 2015. Thein Sein, then-president of Myanmar and former member of the military junta, announced in 2011 that dam construction would be suspended until at least the end of his term. The move was shocking at the time: although President Sein had technically resigned his military commission, few expected him to act any differently than the army-led government. But Sein’s statement highlighted the importance of public opinion, stating that “being the government elected by the people, it upholds the aspiration and wishes of the people. It is also responsible to solve the problems that worry the public.”1
In the immediate decades after the fall of the Berlin Wall and the end of the Cold War, the first step for states in the new world order was to hold elections. As the US started to selectively turn away from supporting dictatorships (from Marcos in the Philippines to Noriega in Panama) purely to push back against Communism, many dictatorships fell to public protest. For these new democracies, having clean elections, free of interference, corruption, and intimidation, was seen to be the most important part of being a democratic state. The prescription on offer was to get elections right, and the rest—prosperity, cosmopolitanism, and stabilizing institutions—would follow.
Yet even as Western observers were still celebrating the spread of democratic systems around the world, observers in Asia (both local and Western) were raising concerns about the inherent weakness in many Southeast Asia states.
The struggles of democracies in Southeast Asia (and elsewhere) show that more than just elections are needed to overcome decades and centuries of domination by foreign powers and feudal social structures. Michael Vatikiotis, former managing editor of the Far Eastern Economic Review, takes a pessimistic view of the region, writing that “little has been done to address the fundamental problem plaguing Southeast Asian societies. Profound inequalities of wealth and welfare have fuelled unending unrest and conflict within the ten countries [of Southeast Asia] . . . even more troubling, these inequalities provide tinder for the flames of religious extremism and conflict.”2 He continues that Southeast Asia is in “a state of demi-democracy” that “has yet to deliver effective change.” One reason for this is the trauma of colonization and the scars and wounds left by the struggle for independence.
One problem with many developing democracies (and with many other states in the developing world) is that they are “underinstitutionalized.” Another term for institutions could be checks and balances: mechanisms which ensure that societies and states are working toward everyone’s best interests.
The American view of checks and balances, as shown in Figure 7.1, is that their only purpose is to prevent the concentration of too much power in the government, or in one part of the government. This is why the US government is split into three coequal bodies, why the US Congress has several rules and systems to ensure bipartisanship, and why the US Constitution is exceedingly difficult to amend.
Figure 7.1 The traditional view of checks and balances, whereby the state is constrained in order to prevent it from wielding too much power against the wider society.
The American view is important, but it gets at only half the equation. One can be concerned about concentrating too much power in the state, but one also does not want a state that is too weak to act as a check and balance on other social actors, such as vested interests, large corporations, and the free market. One can argue that this is the situation in the US today. An incompetent or ineffectual state cannot be a check on anything, especially if it is usurped by private money. Such a weak state would be co-opted for the elite’s benefit, increasing income and wealth inequalities and weakening the legitimacy and accountability of the state (despite all the checks and balances in place). This can be argued to be the case in many developed economies and even explains the rise of populism.
The other purpose of checks and balances is to ensure that what power the state does have is channeled toward socially beneficial purposes. Checks and balances in the US may ensure that a state does not slide into a totalitarian dictatorship, but do not provide any guarantee that the state that remains would act to promote the public interest. This has been the case in the US: a Pew survey in 2016 found that only 27 percent of Americans believed that elected officials acted in the best interests of the public.3 This has been the experience in many budding democracies around the world: their systems may ensure that no politician declares himself or herself dictator for life, but they don’t stop politicians from enriching themselves from their position in the government. My view of checks and balances, in which a state also acts as a balance against a rampant free market, is expressed in Figure 7.2.
Figure 7.2 My view of checks and balances, whereby a strong state empowered by the society places checks and balances on the market, ensuring that social aims are pursued and that the free market does not harm the wider society.
There are several mechanisms that could support “good governance” within a strong and effective state. These include channels that communicate public opinion to the government and establish space for robust debate on issues. They include sources of expertise and planning that can combine long-term priorities with responsiveness to short-term challenges. And they must include a consensus on a long-term project for the government, beyond just keeping itself in power. These mechanisms and institutions can function in either democratic or nondemocratic states.
In the context of sustainable development, these checks and balances are needed to ensure that the state’s authority is not captured by vested interests. Merely expanding the power of the state will do little if that power is put into the service of extractive, damaging purposes. The developmental states expanded state presence in the economy, but toward ultimately unsustainable ends. Several states with government-driven economies, in practice, rely on resource extraction and polluting manufacturing in service of vested interests.
This chapter will start by running through some brief examples of countries and governments to explore the full range of possibilities. Some countries, despite mainstream opinion to the contrary, have shown that they are capable of working in the public interest. Other countries, despite being held up in the past as models for others to follow, have seen their progress stall.
The chapter will then discuss some mechanisms that an ideal strong state could possess that would ensure that its strength is used appropriately. Each of these mechanisms will be described in both democratic and nondemocratic forms.
The strongest check and balance in a democratic system is the election. Even if elections and democratic structures may not always choose the best possible leader, they should certainly be able to get rid of clearly bad ones. If a leader has proven, during his or her time in office, to be a poor choice to lead the country, then democratic structures should eventually get rid of him or her. That is the entire purpose of popular democratic legitimacy. The advocates of this apparent inherent strength often ignore the damage that can be done by someone in a fouror five-year cycle, or the fact that the promise of “change” does not always deliver a better government, even if it does deliver change.
The fact is, several developing democratic states have been unable to get rid of leaders who either no longer have popular support or are failing their societies. I am not referring to, for example, Recep Tayyip Erdogan of Turkey, Rodrigo Duterte of the Philippines, or Viktor Orban of Hungary, who are criticized abroad yet command significant support at home. Rather, I am referring to those whom even the local populations judge to be poor leaders, yet their multiparty parliamentary democratic systems have allowed them to keep their jobs.
Malaysia is one example. Former Prime Minister Najib Razak was alleged to have funneled monies from Malaysia’s national development fund to his own personal accounts. Despite coming in promising to reform some of the harsh security legislation that has been used against press outlets that criticize the government, he brought them back into effect once the corruption scandal broke.
Despite these scandals, he was not deposed as prime minister. Even before the scandal, Malaysia’s political system allowed Barisan Nasional to keep a majority of seats despite not winning a majority. The coalition was not willing to remove Najib as leader of the party, because many in office owed personal loyalty to Najib, rather than to Malaysia or even their own party.
It took an election to remove him from office, showing that, in the end, elections remain a powerful mechanism for accountability. But it was also the last available option after a great deal of damage had been inflicted on the country. At no previous point did Malaysia’s institutions step in to ensure accountability despite the supposed democratic checks and balances.
Surprisingly, this is not a problem faced by Pakistan, often portrayed as a “near-failed” state by the media (and especially by India). Pakistan’s prime minister, Nawaz Sharif, was recently pushed from office by the courts after accusations of corruption. Even Pervez Musharraf, a former military dictator, was ousted by Pakistan’s court system in response to accusations that he had orchestrated the assassination of political opponents. For all of its problems, Pakistan can exercise that most basic of checks and balances: getting rid of a bad leader, even if the choices for replacement are limited and not necessarily favorable.
One can compare Pakistan with another struggling democracy, Thailand. When after losing an election Pakistani politician Imran Khan declared that he would march on Islamabad to demand the seat of prime minister and overturn the election results, there were concerns that this would spell the end of Pakistan’s young democracy. But, in the end, Pakistan’s middle class rejected Khan, deciding to preserve democracy.
By contrast, when the Thai army moved to overthrow the Thaksin government, there was widespread approval among Thailand’s urban middle classes. Thailand’s middle class recently voted to approve a constitution that gives a great deal of authority and power to the Thai military, who preserve the right to interfere in Thailand’s politics as it sees fit.
The difference likely comes through in institutions, which have built different relationships between the government and the people. Pakistanis know that their government is supremely flawed and that many of their politicians are corrupt. However, they also know that egregious behavior can be, and has in the past been, checked by the courts. Thus the system “works”—perhaps not well, but well enough.
By contrast, Thailand’s political system devolved into a split between wealthy urban elites and poorer rural residents. The elite no longer believed that democracy worked for them, and so were happy to dismantle it if it meant their benefits could be preserved.
Vietnam is another single-party government whose state has been turned toward long-term economic growth and development. Unlike what the mainstream media would suggest, the country is not ruled with an iron fist by a cabal of ruthless military men out to secure their own position and power. If that were the case, the Vietnamese state would not have been able to turn a country devastated by decades of conflict into an economic power in just thirty years. After all, it had to take a dedicated and highly disciplined group of people to fight two colonial powers (France and the US) and then set about building a fairer society than the country had previously known.
One does not need to have an altruistic view of the Vietnamese Communist Party to understand why the government decided to improve economic development and the lives of its people. State officials understood that the population’s trust in the government depended on their ability to deliver better living standards for Vietnam’s people, so the best way to secure the continued existence and power of the Vietnamese Communist Party was to ultimately improve people’s lives.
And it has largely worked. Vietnam is now one of Southeast Asia’s major players and is poised to be one of the region’s biggest drivers of growth and development.
Each of these cases illustrates how checks and balances can differ among countries. Some nondemocratic countries, despite not having elections, still have systems that channel authority toward socially beneficial ends. Some democracies, by contrast, have not been able to implement even quite basic checks and balances or to instate a culture of democracy in their populations.
What follows are several mechanisms that an effective strong state would need in order to ensure that its strength is channeled toward social justice and the interests of the majority. Strong versions of these institutions would build the accountability and legitimacy needed to create truly strong states.
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