USING TREATIES TO IMPROVE ELECTORAL DEMOCRACY IN AFRICA

From 11th to 14th November, African academics, human rights activists and a number of partners met in Accra to reflect on best practices for advancing electoral democracy in Africa. At the end of the 1980s, struggles against authoritarianism led to democratic transitions and the return of pluralist democracy in Africa and other parts of the world. Since then, more and more countries have joined the democratic train and to consolidate the journey, regional and continental organizations have enunciated a number of democratic principles to guide the process of democratic consolidation. It was in this context that ECOWAS, and later, the African Union formulated constitutional and democratic principles through the use of two specific legal instruments; namely the Supplementary Protocol on Democracy and Good Governance as well as the African Charter on Democracy, Elections and Governance to advance the cause of deepening democracy.
Over the last five years however, democratic consolidation has been challenged by many incumbent Presidents and a clear pattern of democratic reversals is now emerging. The first indication was a series of constitutional amendments aimed at securing tenure elongation for African Presidents seeking a return of the old autocratic culture of “President for life”. In addition, a despotic monarchical element has emerged in which life presidents arrange for their children to succeed them. Monitoring democracy in Africa today reveals a sombre picture. In West Africa for example, the Gambia has shown disdain for human rights and its President was recently on television threatening to shoot human rights defenders. Côte d’Ivoire has been embroiled in civil war and has been unable to organise elections over the past five years. Guinea has suffered a coup d’état and the military junta is refusing to step aside for free and fair elections to hold. In Guinea Bissau, the army shot dead the President and although presidential elections have taken place, political stability remains fragile as the army controlled by drug smuggling generals continues to hold the country to ransom. In Niger, the President has just carried out a civilian coup d’état, postponed elections by three years and is ruling by decree. In Nigeria, the organisation of three successive elections has been fraught with rising fraud and rigging. In this context, it is vital that African citizens use the democracy instruments their leaders have signed or ratified to re-energise the struggle for democracy and free and fair elections.

ECOWAS Protocol has outlined the key principles that must be defended: the separation of powers, effective parliaments, the independence of the judiciary, freedom of the bar. The protocol considers elections as the only way for the assumption of power, condemns anti-constitutional changes, advocates for the principle of popular participation in decision making, the cantonment of the army, the secular state, respect for fundamental rights and freedom in the establishment of political parties. In order to ensure respect for the provisions by the states, the protocol contains a clause on sanctions for the non respect of these principles by the states.
The African Charter and the Supplementary Protocol have proposed clear principles that augur well for the future of democracy and good governance. Their implementation however requires certain conditions including the ratification process by states. The Protocol has come into effect as ten states have ratified it. The Charter has however been ratified by only two countries, Ethiopia and Mauritania.
By Jibrin Ibrahim
Director CDD

Welcome to CDD Blog

Established in 1997 to mobilise global opinion and resources for democratic development, the Centre for Democracy and Development has over the years done research, capacity building and training on issues of democratic and economic development within the West African sub region.

With a mission of providing an independent platform through which issues of economic and democratic development can be presented. The centre has over the years provided its opinion on issues with the aim of objectively addressing the challenges that impede economic and democratic development within the West Africa sub region.
It is in respect of this that the CDD is presenting this platform of a blog site to enhance interactive debates on thought provoking issues within its area of work as a way to finding objective solutions in the quest to achieve economic and democratic development within the West African sub region.
Dr. Jibrin Ibrahim
Director CDD