The Resurgence of Unconstitutional Change of Governments in Africa

The virtual seminar seeks to reflect on current trends relating to recent incidents of military seizure of power and attempted coups in multiple African countries and to discuss ways of strengthening the effective implementation of AU norms on unconstitutional changes of governments.

Concept Note

The Resurgence of Unconstitutional Change of Governments in Africa

The military coup in Guinea has triggered discussions about the state of democratic governance and the effectiveness of the African Union (AU) norm banning unconstitutional changes of government. Questions abound about whether it is enough to respond to a military coup while doing nothing to the conditions that precipitated the coup, whether there are gaps in the AU norm proscribing unconstitutional changes of government and in its practice of enforcing this norm and how to address these gaps.

In apparent recognition of these issues, the communique of the 1030th session of the PSC, which suspended Guinea from participation in the activities of the AU following the decision of the Economic Community of West African States (ECOWAS), emphasised under paragraph 13, the need for ‘a comprehensive and objective analysis focusing on the root causes and impact of the unconstitutional change of government arising from non-consensual and/or politically manipulated democratic processes.’
It is interesting to note that earlier on in July, the PSC while discussing the outlook of peace and security on the continent has highlighted the democratic governance issues impacting on the peace and security of African states. Accordingly, in the Communiqué of its 1014th session, the African Union (AU) Peace and Security Council (PSC) addressed some of the current pressing concerns to peace and security in the continent. Among these, the growing trend of manipulation of national constitutions for the purpose of extending term limits; the increasing cases of election related violence; and the resurgence of military coups and unconstitutional changes of governments were highlighted.

It is well known that the AU is not without mechanisms that have the mandate to contribute to the effort for addressing these challenges. One such mechanism is the African Peer Review Mechanism (APRM). In its country specific reports, the APRM has on a number of occasions identified, for example, the adverse impacts of amendment of constitutions for extension of presidential term limits on consolidation of democracy, constitutional governance and stability of countries.

Against this background and in light of recent incidents of military seizure of power and attempted coups in multiple African countries, Amani Africa convenes a virtual seminar which seeks to reflect on current trends and to discuss ways of strengthening the effective implementation of AU norms. Using Amani Africa’s Special Research Report on the subject expected to be launched during the occasion, the seminar also aims to proffer some inputs which can contribute to the development of the ‘comprehensive and objective analysis on underlying causes and impacts of unconstitutional change of governments’ referred to by the PSC at its 1030th session.

Program

Moderator: Shuvai Busuman Nyoni, Executive Director of Africa Leadership Center
Speakers:
10:15-10:30 – Opening Remarks by Dr Solomon Ayele Dersso, Founding Director, Amani Africa
10:30-11:00 – Prof Eddy Maloka, CEO of the African Peer Review Mechanism (APRM)
11:00-11:30 – Prof Adebayo Olukoshi, Distinguished Professor at Wits University
11:30-11:45 – Presentation of Special Research Report by Tsion Hagos, Researcher, Amani Africa
11:45-12:30 – Discussions

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