Unconstitutional changes of power continue to represent a major challenge for African constitutionalism. Occurring by force of arms or through subtle modification of the constitution, retaining only an appearance of legality, this phenomenon is recurrent on the African continent and generates serious threats to democracy and the rule of law. Tension between regional powers seems to be a major factor in these changes, which have the effect of destabilizing peace in Africa. Since the adoption of its Constitutive Act in July 2000, the African Union has made the rejection of unconstitutional changes of government its hobbyhorse.
Unconstitutional changes of government are on the increase in West and Central Africa. These phenomena pose a serious threat to the stability of democratic institutions in African countries. In the medium and long term, they undermine the democratic construction process and the development objectives agreed in recent years. Unconstitutional changes of government in general, and military coups in particular, are real threats to international peace and security. They are also factors in tensions between States and regional powers, with negative effects on the social fabric, on neighborly relations and on African unity.
The decline in public confidence, both in elections as a means of evolving power, and in democratic institutions. Nobody’s interested, they’re still in power, one day they’ll leave, they say. Terrorism is the new arrival and violent extremism, plus popular uprisings to re-establish the order of things, as we’ve seen recently in Africa. Bad governance, mismanagement and diversity, systematic violation of human rights, human rights are suffering.
Badjo Djekouri, Associate lecturer in public law – Côte d’Ivoire
According to the AU, the trend observed in recent years suggests that for some, challenging elections has become the only way to gain power. Indeed, most unconstitutional changes are rooted in non-consensual revision of the constitution. Constitutional revision by heads of state who have already served two terms has become commonplace. Despite the advent of democracy and the rule of law, the military still regulates and interferes in the management of power. Democratic changeovers have become the exception, and unconstitutional changes are becoming the rule.
The retreat of cooperation generally leads to the deterioration of investments and, above all, to the deprivation of populations from external aid and subsidies. The social repercussions of such a situation are certainly considerable. In particular, development projects in vital sectors such as agriculture, health and education are slowed down or reduced. There are also the perverse effects of economic sanctions. It has been observed that the economic sanctions imposed on a country that has undergone an unconstitutional change of government affect not only the State as an institution, but all its economic relations.
Wafah Zafrane , Lawyer – Tunisia
The resurgence of unconstitutional changes of government is a major obstacle to democratization, good governance, peace and security, and political stability on the African continent. In Mali, for example, the closure of several polling stations due to insecurity helped trigger the post-election crises and the military coup of August 18, 2020. The same reasons were put forward in Burkina Faso to topple President Marc Christian Kaboré, just a few months after his re-election for a second term.
Nous devons mettre en place des processus qui ne violeront pas la constitution. Nous devons également mettre au point des moyens d’éviter la manipulation de la constitution. Il est impératif que sur le continent, nous construisions des institutions fortes et non des hommes forts, comme c’est le cas actuellement.
Akin Fayomi, Former representative of UN SG in Liberia – Nigeria
The processes of democratization and democratic transitions in Africa must be made credible by the establishment of strong institutions that transcend political divisions.In response to this threat, the African Union, with the help of its regional economic groups, has implemented a zero-tolerance policy towards unconstitutional changes of government.