In the Service of Democratic Governance: The African Union Normative Framework on Unconstitutional Change of Government and ECOWAS Protocol on Good Governance and Democracy in the Post-Arab Spring

Abstract

For the crafters and drafters of the African Union’s (AU) Constitutive Acts particularly the Addis Ababa Charter and the Lomé Declaration of July 2000 and the Economic Community of West African States’ (ECOWAS) Protocol on Good Governance and Democracy, the novel idea was to provide a regional, sub-regional, platform of support to democratic governments and also deter any forms of unconstitutionalism. However, recent events have put to the test the political capacity of these organisations to uphold the sanctity of the normative framework and the protocol supportive of democratic processes. In the case of the AU, the outburst of revolutionary movements in the north African region provided a platform for a thorough assessment of the AU’s Normative Frameworks related to constitutionalism and democracy. While it was accepted that the case of Tunisia followed the democratic process, the Egyptian and Libyan cases were seen as a negation of the principles of the framework.Likewise,in the case of the ECOWAS, there were myriads of problems that tested the organisation’s democratic credentials. For instance, Guinea Bissau experienced two coup d’états in two years (2009 and 2012), Guinea in December 2008; Niger in March 2010; and Burkina Faso in 2015. The AU and ECOWAS have been challenged and pulled along by two parallel but not equal forces: the need to ensure respect for the principle of total rejection of unconstitutional changes of government, and the necessity to recognise the reality on the ground. This study therefore employs both historical and comparative methodologies to assess the roles of these organisations in being true to the values of democracy as contained in their normative framework and the protocol, as well asalso examines the challenges faced in the context of the situations in Libya, Mali and Guinea Bissau.

Multi-level Approaches to Countering Unconstitutional Changes of Government in Africa: Implications for the Rule of Law

“…This was possible because actors from different layers of governance – the UN, AU and Economic Community of West African States (ECOWAS) – converged in their assessment of the situation. When compared to other cases of UCGs in Africa, including high-profile cases such as Egypt, but also geopolitically less relevant cases including Madagascar, Guinea-Bissau or Togo (for a more detailed analysis see for example Bamidele and Ayodele, 2018; Leininger, 2014; Nathan, 2016; Souaré, 2014), the unity of purpose displayed by organizations from different levels of governance in response to the Gambian crisis was remarkable.…”

Democracy as an Elite Tool for Oppressing the Majority: A Case of Selected African Countries

“…It was also established to ensure sovereignty, independence, and conflict resolution in Africa (Murithi, 2008). Most importantly, the establishment of the OAU was zealously aimed at freeing African countries from the chains of colonialism (Bamidele and Ayodele, 2018). However, Oguonu and Ezeibe (2014) contend that during the 1990s, the OAU stayed out of conflicts in nations including Sierra Leone, Somalia, Liberia, and the Democratic Republic of the Congo (DRC).…”

“…The OAU Mechanism for Conflict Prevention, Management, and Resolution, which was founded in 1993, is designed to promote the ideals stated in the AU charter (Bamidele and Ayodele, 2018). Thus, the sub-committee was developed and came up with 5 scenarios which should be regarded as illegitimate and unconstitutional.…”

Revisiting the Civil-Military Conundrum in Africa

“…The move by Africa's regional organisations to condemn and threaten the use of or actually use force to remove rulers who came to power through military force contributed significantly to the shaping of civil-military relations on the continent. In particular, in several instances the African Union (AU) has invoked the African Charter on Democracy, Elections and Governance, adopted in 2004 3 to justify regional diplomatic and even military pressure to remove governments in Burkina Faso, The Gambia, Guinea, Guinea-Bissau and Niger that came to power by unconstitutional means (Souaré 2014, Bamidele andAyodele 2018). This is a remarkable norm shift from 'non-intervention to nonindifference' (Williams 2007).…”