Democracy Cluster: AHSI1

 

Basic Tenets of Democracy

African leaders have recognised the linkage between democracy, peace and development in numerous statements and commitments as that between stability and development within and between African countries.

Democracy, good governance, respect for human and peoples’ rights and the rule of law are prerequisites for the security, stability and development of the continent. Domestic security is based on the security of the life of individual citizens to live in peace and to satisfy basic needs while being able to participate fully in societal affairs and enjoying freedom and fundamental human rights.

African leaders have agreed to abide by a set of minimum common values and principles on democratic governance to be adhered to by all Member States of the OAU reflecting their adherence to a common, global concept of democracy. Elements of this concept are as follows:

a. A democratic constitution: its preparation, content and method of revision in conformity with generally acceptable principles of democracy;

b. Respect for the constitution and adherence to the provisions of the law and other legislative enactments adopted by parliament;

c. Separation of powers, independence of the judiciary and a guarantee for the independence of the courts;

d. Promotion of political pluralism, allowing for the existence of several political parties and workers’ unions, the participation of African civil society, including enhancing and ensuring gender balance in the political process;

e. The principle of democratic change and recognition of a role for the opposition;

f. Organisation of free, open, democratic and regular elections, periodically organised to allow every citizen the opportunity to exercise his/her right to choose their leaders freely and to participate freely in the government of his/her country, either directly or through freely chosen representatives in accordance with the provisions of the law;

g. Guarantee of freedom of expression and freedom of the press, including guaranteeing access to the media for all political stake-holders;

h. Constitutional recognition of fundamental rights and freedoms in conformity with the Universal Declaration of Human Rights of 1948, the African Charter on Human and Peoples’ Rights of 1981 and other relevant human rights instruments.

i. To allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the African Charter on Human and Peoples’ Rights.

j. To promote and ensure through teaching, education and publication, the respect of the rights and freedoms contained in the Charter on Human and Peoples’ Rights and to see to it that these freedoms and rights as well as corresponding obligations and duties are understood.

k. The elimination of every discrimination against women and the protection of the rights of the woman and the child as stipulated in international declarations and conventions.13 (Also see the separate sections below.)

According to Heads of State, these clear standards of good governance, accountability, transparency and participatory government apply at national and sub-national levels,14 including a policy of regionalisation and decentralisation as essential to ensure the full participation of all Africa’s peoples. Leaders have given special attention to the establishment of a system of government based on permanent social dialogue and the search for political consensus.

 

 

Unconstitutional Changes in Government

African Heads of State have condemned and rejected unconstitutional changes of government. Governments that come to power through unconstitutional means will not be allowed to participate in the activities of the African Union. Leaders agreed on the following as constituting unconstitutional change of government:

a. Military coups d’etat against a democratically elected government;

b. Intervention by mercenaries to replace a democratically elected government;

c. Replacement of democratically elected governments by armed dissident groups and rebel movements;

d. The refusal by an incumbent government to relinquish power to the winning party after free, fair and regular elections.

Whenever an unconstitutional change takes place leaders have agreed that the OAU should immediately and publicly condemn such a change and urge the speedy return to constitutional order. Thereafter the government concerned will be suspended from participating in the decision-making structures of the OAU while African leaders and personalities will seek to bring “discreet moral pressure” to bear for an initial period of six months. Thereafter a range of limited and targeted sanctions against the regime would be instituted. This could include visa denials, restrictions of government-to-government contacts, trade restrictions, etc.

A Central Organ sanctions sub-committee of five members, chosen on the basis of regional representation, is to monitor compliance with decisions taken on situations of unconstitutional changes and recommend appropriate review measures to the OAU.