Guide to Citizens’ Rights and Responsibilities
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AMERICA NEW ZEALAND ANTARCTIC TERRITORY Islands administered by New Zealand P O L Y N E S I A AMERICAN SAMOA SAMOA Niue Aitutaki Atoll Mangaia Palmerston Atoll Penryhn Atoll Atafu Nukunono Fakaofu Nassau Rakahanga Atoll Danger I. Pukapuka Atoll Raratonga Hervey Is. COOK IS. TOKELAU IS. International Date Line NEW ZEALAND 200 Miles 0 0 200 Kilometers 100 100 (MAP BY MARYLAND CARTOGRAPHICS/ THE GALE GROUP) to hold governmental decision-making power over a particular policy area. Only elected members of parliament are eligible for appointment as prime minister or minister of the crown. This entire system of government is underpinned by a binding convention that the queen (and her representative, the governor-general) must always follow the advice of the prime minister when wielding the powers assigned to her under New Zealand’s constitutional framework. Although it is conceivable that the queen might one day refuse to do so, such an event would trigger a major consti- tutional crisis and would likely end with New Zealand declaring itself a republic. Locating real governmental power in the office of the prime minister, along with the ministers who form his or her cabinet, follows basic democratic princi- ples. The citizens directly elect members of parliament at each election, and the individuals supported by a majority of these members are then entitled to wield governmental power. This ensures that those wielding governmental power can be held accountable for their actions—both as individual members of parlia- ment to the public at the next election and as government ministers to the parliament on whose ongoing majority support the government depends. New Zealand’s legislature, or parliament, consists of 120 elected members who sit in a single House of Representatives. This body has a dual role under New Zealand’s constitution. It is the supreme lawmaking institution for society, with competency to pass legislation regarding any topic. In addition, parliament makes (and unmakes) governments. To govern, the prime minister and his or her ministers must be able to demonstrate that they have the support of a majority of parliament (at least, they must show this majority support exists in relation to certain important “issues of confidence or supply” that arise at vari- ous times throughout the year). If a government were to lose a vote on an issue of confidence and supply, then by convention the prime minister and cabinet must resign from office. And if no one else can secure the support of a majori- ty of parliament to form a new government, then the governor-general dissolves parliament and calls a new election. In 1996, New Zealand adopted a mixed-member proportional voting system for parliamentary elections. Voters get two votes under this system: one for the candidate they wish to see elected to represent their local electoral district (a “constituency vote”), and one for their preferred political party (a “party vote”). The candidate who receives the most constituency votes in each electoral district is thereby elected to parliament. The central characteristic of the mixed-member proportional system is that once all of the sixty-nine constituency members have been identified, fifty-one additional parliamentary seats are distributed to all political parties that received more than 5 percent of the party vote so that the total number of seats in parliament held by each party is proportionate to its total, nationwide share of the party vote. Thus, a political party that receives 10 percent of the party vote across the country is entitled to 10 percent of the total number of mem- bers of parliament, irrespective of whether that party won any seats through the constituency vote. These additional party list seats are then filled from a ranked list of candidates drawn up by each party before the election is held. The consequence of moving to this mixed-member proportional voting system has been to increase the number of political parties represented in par- liament and to effectively stop any one party from winning a majority of the seats in parliament. Therefore, following each election, two or more parties have had to enter into a coalition arrangement to form a government with majority support in parliament. The advent of a mixed-member proportional 188 G O V E R N M E N T S O F T H E W O R L D N e w Z e a l a n d coalition: an alliance, partnership, or union of disparate peoples or individuals ■ ■ ■ system (along with coalition government) has been a mixed experience for New Zealand. Although it undoubtedly has led to a more representative parliament and required governments to consult more widely before trying to enact new laws, it has also created a greater level of instability in government. Bureaucrats in New Zealand are called “public servants.” As this title indicates, their role is to act in a neutral , nonpartisan manner to carry out the instructions of the government of the day. Any perceived political bias or partiality by public servants is treated as a matter of serious concern by both the public and the pub- lic service itself. The judiciary has no constitutional power to override legislation passed by parliament and is meant simply to interpret and apply the law as passed by parliament. Judges are appointed by the government of the day, after consul- tation with the legal fraternity, but by convention such appointments are expected to be nonpartisan. C I T I Z E N PA R T I C I PAT I O N , R E S P O N S I B I L I T I E S , F R E E D O M S , R I G H T S , A N D L I B E R T I E S As mentioned, New Zealand has no written constitution, and so the coun- try has no equivalent to the U.S. Bill of Rights, nor does it have any judicial rights-based review of legislation. Nevertheless, New Zealand’s citizens contin- ue to enjoy all the rights and liberties one expects in a truly democratic nation, G O V E R N M E N T S O F T H E W O R L D 189 N e w Z e a l a n d THE PARLIAMENT HOUSE (IN FOREFRONT) AND “THE BEEHIVE” IN WELLINGTON. Several buildings in Wellington comprise the New Zealand Parliament Buildings including “The Beehive,” with offices for the prime minister and cabinet ministers. Sitting where a planned south wing of the neo-classical Parliament House (active since 1918) was to be built, “The Beehive” was sketched in 1964 by British architect Sir Basil Spence and it was finished in 1981. (SOURCE: © RICHARD KLUNE/CORBIS) neutrality: the quality of not taking sides, as in a conflict nonpartisan: not relating to a political party or any division associated with the party system ■ ■ ■ and the country has a strong individual rights culture which is (on the whole) respected by the government. Political Parties and Interest Groups. Any person may form (or join) any polit- ical party. There are no restrictions on the kinds of political parties that may be formed or the aims that they may pursue. Similarly, there are no restrictions on the kinds of interest (or pressure) groups that may operate in New Zealand. The major limit on how political parties and interest groups may operate is that overtly parti- san political advertising is banned from the country’s televisions, a move designed to ensure some equality of voice amongst all the different political actors. Elections, Voting, and Citizen Participation. All New Zealand citizens over the age of eighteen may vote, as well as stand for parliament. It is a legal requirement that all eligible voters register to vote, although voting itself is not compulsory . Participation rates in New Zealand elections are relatively high; 73 percent of the population took part in the 2002 general election. Personal Security. New Zealand’s police force and armed services are nonpar- tisan, professional organizations with operational independence from the gov- ernment of the day. They are subject to the rule of law , which the courts enforce by requiring that all arrested persons either be charged with a crime and present- ed before a judge or released from custody. Procedural safeguards—such as the right to open justice, the right to an attorney, and the right to a fair trial—are incorporated into the courts’ practices. In addition, an independent Police Complaints Authority is empowered to investigate any accusation of wrongdoing on the part of the police force. New Zealand does not apply the death penalty to any offense. See also: Australia; Constitutional Monarchy; Elections; Indigenous Peoples’ Rights; Ombudsmen; Suffrage. B I B L I O G R A P H Y Geddis, Andrew. “The General Election in New Zealand, July 2002.” Electoral Studies 23 (2004):149–155. King, Michael. The Penguin History of New Zealand, rev. ed. Auckland, New Zealand: Penguin Books, 2004. Miller, Raymond, ed. New Zealand Government and Politics, 3rd ed. Auckland, New Zealand: Oxford University Press, 2003. Mulgan, Richard. Politics in New Zealand, 3rd ed. Auckland, New Zealand: Auckland University Press, 2004. New Zealand Electoral Commission. New Zealand’s Electoral System. Ͻhttp://www. elections.org.nz/esyst/index.html Ͼ. New Zealand Parliament. Ͻhttp://www.parliament.govt.nzϾ. Orange, Claudia. The Treaty of Waitangi, 2nd ed. Wellington, New Zealand: Bridget Williams Books, 1996. Palmer, Geoffrey, and Matthew Palmer. Bridled Power: New Zealand’s Constitution and Government, 4th ed. Auckland, New Zealand: Oxford University Press, 2004. Report of the Royal Commission on the Electoral System. Towards A Better Democracy. Wellington, New Zealand: Government Printing Service, 1986. The Treaty of Waitangi Information Service. Ͻhttp://www.treatyofwaitangi.govt.nzϾ. Andrew Geddis 190 G O V E R N M E N T S O F T H E W O R L D N e w Z e a l a n d compulsory: mandatory, required, or unable to be avoided ■ ■ ■ rule of law: the principle that the law is a final grounds of decision-making and applies equally to all people; law and order Nicaragua Nicaragua is located in the geographic heart of Central America and is the region’s largest country at 128,410 square kilometers (49,579 square miles), which makes it slightly larger than Iowa. With 5.3 million inhabitants (2002) and abundant arable land, Nicaragua theoretically faces less population pressure than its neighbors. The country displays a striking topography that includes a vast tropical lowland to the east, a central mountain range that runs across the country northwest to southeast, stunning volcanoes, and two of the region’s largest natural lakes. The presence of significant volcanic activity has endowed Nicaragua with rich agricultural lands and the potential for abundant geothermal energy. Nicaragua’s climate is influenced by altitude, with high temperatures in the lowlands and coastal areas and moderate temperatures at higher elevations. The extraordinary Lake Nicaragua, which empties into the Río San Juan on the southern border with Costa Rica, provides Nicaragua with the potential to con- struct a trans-isthmus waterway between the Atlantic and Pacific Oceans. Approximately 70 percent of Nicaraguans are mestizo (of mixed European and Indian ancestry), less than 20 percent are white, and the rest are black or indigenous. These last ethnic groups have long been relatively isolated from the rest of Nicaragua by geography. The people of the Atlantic coast are likely to speak an Indian language (primarily Miskito or Sumo ) or English, as with the descendants of black slaves who were introduced to the country by Britain in the eighteenth century. Cultural traditions and Protestant religion further dif- ferentiate the Atlantic coast population (called costeños) from the Spanish speaking Pacific region, which is largely Roman Catholic. Literacy rose sharply in Nicaragua during the 1980s but had settled at about 75 percent by the early twenty-first century. Traditionally, Nicaragua has been an exporter of agricul- tural commodities, especially coffee, beef, sugar, and seafood. According to 2002 World Bank figures, agriculture accounts for 18 percent of the country’s gross domestic product (GDP), followed by industry (25%) and services (57%). Due to high levels of unemployment and underemployment, 46 per- cent of Nicaraguans live below the national poverty line. Nicaragua is the sec- ond poorest country in the Western Hemisphere. Nicaragua achieved independence in 1838 following the disintegration of the Central American Federation. The early years of nationhood were marred by intense regional conflict and threats of foreign intervention, which set a pattern in Nicaraguan politics that endured well into the twentieth century. An aristocratic conservative faction based in Granada favored the vested interests of a rural agrar- ian elite, while a liberal faction based in León favored free trade and commercial development These factions often tread close to civil war until the liberals invited an American adventurer, William Walker (1824–1860), to lead a military campaign against the conservatives that led to Walker’s declaring himself president in July 1856. After he legalized slavery and made English the official language, Walker’s dic- tatorship generated a campaign to drive him out of the country. September 14th is still celebrated as “independence day” because Nicaraguan troops defeated Walker and his U.S. forces on that date in 1857. The William Walker episode discredited lib- erals and led to thirty-six years of conservative rule. Throughout the twentieth century Nicaraguan politics was often dominated by the country’s shifting relationship with the United States. In the early decades, the United States was eager to protect its investment in the Panama Canal by pre- venting construction of a rival interoceanic transit system in Nicaragua. This con- cern led to U.S. intervention in Nicaragua and lengthy occupations lasting until the early 1930s. During much of this period, U.S.-backed conservative presidents, G O V E R N M E N T S O F T H E W O R L D 191 N i c a r a g u a aristocracy: a ruling financial, social, or polit- ical elite factionalism: a separation of people into competing, adversarial, and self-serving groups, usually in government agrarian: having to do with farming or farm- ing communities and their interests; one involved in such a movement free trade: exchange of goods without tariffs charged on importing or exporting ■ ■ ■ such as Emiliano Chamorro Vargas (1871–1966), governed Nicaragua. The Bryan- Chamorro Treaty, ratified in 1916, gave the United States what it wanted, which was the ability to prevent construction of an interoceanic canal in Nicaragua. The figure that would exert the most lasting influence was a liberal general named Augusto César Sandino (1893–1934), who led a guerrilla campaign that harassed U.S. troops and raised the cry of Nicaraguan nationalism in the late 1920s. The betrayal and assassination of Sandino by Anastasio Somoza Garcia (1896–1956) in 1934 enabled the latter man to use the U.S.–created Nicaraguan National Guard as a vehicle to achieve power. Somoza Garcia became president in 1936 and created a dictatorship that remained under the control of the Somoza family until the overthrow of Luis Anastasio Somoza Debayle (1922–1967), Somoza Garcia’s son, in 1979 by guerrillas who were inspired by the legacy of Sandino. The Sandinista revolution set Nicaragua on the course that led to the development of its present governmental system. T H E G O V E R N M E N TA L S Y S T E M Formally, Nicaragua was a constitutional republic throughout the twentieth century. In fact, many administrations came to power extra-constitutionally. During the era of the Somoza dynasty, the constitution was amended at the con- venience of the Somozas by a pliant congress to enable the family to maintain its dominance in the political system. Even during the brief liberalization under Luís Somoza, elections merely produced “puppet administrations,” which had no independence from Somoza control. Using the National Guard as an instru- ment of political intimidation, together with generous patronage for those groups willing to collaborate with the regime, the Somozas gave Nicaragua an authoritarian government that defied the rule of law , suppressed the political opposition, and routinely violated human rights. In short, Somoza rule made a mockery of constitutional government. The Somoza regime came to an end on July 19, 1979, as a result of a pop- ular insurrection that was led by the Sandinista National Liberation Front (FSLN). The Sandinistas initially governed the country through a five-member junta and a corporatist style council of state. However, after their electoral vic- tory in 1984 the Sandinistas initiated the writing of a new constitution that was adopted in 1987. That constitution established four interdependent branches of government: an executive headed by a president, a legislature based on election through proportional representation , a judiciary headed by the Supreme Court of Justice, and an electoral branch headed by the Supreme Electoral Council. Following the electoral defeat of the Sandinistas in 1990, the two succeeding administrations amended the constitution (in 1995 and 2000) aiming primarily to reduce executive power vis à vis the other branches. Thus, as the new century dawned Nicaragua was being governed under a reformed Sandinista constitution. As of 2004 Nicaragua was a constitutional republic with a modified presiden- tial system in which the legislature enjoyed significant authority in budgetary mat- ters and could override a presidential veto with a simple majority vote. FSLN leader Daniel Ortega (b. 1945) was Nicaragua’s first elected president in the post- Somoza era (1985–1990). Violeta Chamorro (b. 1929), widow of Nicaragua’s mar- tyred journalist Pedro Joaquín Chamorro (b. 1924 and assassinated in February 1978), was the victorious presidential candidate of the National Opposition Union (UNO) and held office from 1990 to 1997. Her successor was Arnoldo Alemán (b. 1946) of the Liberal Constitutionalist Party (PLC), who was succeeded by the PLC’s Enrique Bolaños in 2001. 192 G O V E R N M E N T S O F T H E W O R L D N i c a r a g u a junta: a group of individuals holding power, especially after seizing control as a result of a coup proportional system: a political system in which legislative seats or offices are awarded based on the proportional number of votes received by a party in an election guerrilla: a soldier engaged in nontraditional methods of warfare, often separate from any structured military group nationalism: the belief that one’s nation or culture is superior to all others ■ ■ ■ liberalization: the process of lowering trade barriers and tariffs and reducing government economic regulations authoritarianism: the domination of the state or its leader over individuals rule of law: the principle that the law is a final grounds of decision-making and applies equally to all people; law and order Nicaragua’s 1995 constitutional reforms were designed not only to curb presidential power, but also to increase the independence of the judiciary, and the autonomy of key executive branch agencies such as the controller general. The president and vice president are elected concurrently for five-year terms with legislative elections. The president is not permitted to run for re-election. The National Assembly is a unicameral legislature consisting of ninety deputies elected from party lists drawn at the provincial and national levels. The legisla- ture elects Supreme Court justices to seven-year terms and also elects the mem- bers of the Supreme Electoral Council, which organizes and conducts elections and referendums, to five-year terms. Nicaragua’s constitution guarantees the right of free speech and a free press, and in practice diverse viewpoints are freely discussed in the media. It also guarantees workers the right to join unions and engage in collective bargaining. However, Freedom House has ranked Nicaragua as only “partly free” because, despite Nicaraguan workers’ sometimes vigorous attempts to exercise these rights, the government has declared strikes illegal and the courts have failed to uphold worker rights. P O L I T I C A L H I S T O R Y The dynastic dictatorship of the Somozas rested on three pillars of support, including the co-optation of Nicaragua’s political elite, the image of strong U.S. support, and most importantly, the political use of the National Guard to intim- idate opponents. The first two of these pillars were seriously eroded by the extravagant misrule of Somoza Debayle in the 1970s. When the political elite largely abandoned Somoza and the United States withdrew its support, reliance G O V E R N M E N T S O F T H E W O R L D 193 N i c a r a g u a unicameral: comprised of one chamber, usually a legislative body ■ ■ ■ Mogotón Pk. 6,913 ft. 2107 m. M o s q u i t o C o a s t C O R D I L L E R A I S A B E L I A C O R D I L L E R A C H O N T A L E Ñ A S E R R A N Í A S H U A P Í COR DIL LER A D AR IEN SE Punta Cosigüina Cabo Gracias a Dios Archipiélago de Solentiname Isla del Maíz Cayos Miskitos Isla Zapatera Isla de Ometepe C a r i b b e a n S e a PACIFIC OCEAN Bahía de Bluefields Bahía de Punta Gorda Lago de Nicaragua Lago de Managua Lago de Apanás Sa n Ju a n Co co Tuma B oc a y Coc o W awa P rin za po lk a Mataga lpa Siq uia Mi co R ío Gr a n de de Download 4.77 Kb. Do'stlaringiz bilan baham: |
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