During an earlier meeting of the African Governance Architecture, the executive director of the African Peer Review Mechanism, Professor Eddy Maloka, called for the continent to be firm and forthright in dealing with governance issues. He shared his concern about the deteriorating trend in governance in Africa and called on the African Union (AU) to find ways to address this grave issue.
According to studies, Africa is dealing with a democratic setback. In 1985 there were only three democracies while there were 42 authoritarian regimes on the continent. By 2015, the number of democracies had reached 22. However, democratic backsliding saw the number drop to 18 democracies compared to 19 authoritarian and 13 hybrid regimes in 2020.
This trend seems to have gained traction in some countries, as certain presidents have tried to manipulate their prescribed term limits and alter their constitution to extend their term. This is unfortunate as it threatens to undermine the expansion and promotion of democracy and good governance across the continent. The expansion of democratic norms has been a positive trend that has taken root in many African countries.
While most African countries have presidential term limits elaborated into their constitutions, this has not deterred some presidents from trying to manipulate the legal process.
According to data from the Open Society for Southern Africa (OSISA), between April 2000 and July 2018, term limits were changed 47 times in 28 countries, with at least six failed change attempts. In 23 cases, spread across 19 countries, the changes strengthened term limits by introducing or imposing stricter time limits on presidential terms, but in 24 cases across 18 countries, time restrictions on holding presidential office were removed or relaxed.
Term limits remain crucial for the promotion of democracy and good governance, as they are important safeguards to prevent tyranny and ensure the peaceful political transition from one elected president to the next. This safeguard measure and peaceful political transition are the cornerstones of any healthy democratic state.
Results of an Afrobarometer poll found that citizens are in favor of presidential term limits. Across 34 countries, an average of 76% favor limiting their presidents to two terms, including a majority (54%) who “strongly” support this rule.
Presidential mandate limits manipulation in action
However, term limit changes on the mainland have been executed in four different ways, including:
- First, the amendments extended the length of presidential terms: from five to seven years, as is the case in Guinea (2001), the Democratic Republic of the Congo (2002), Rwanda (2003) and Burundi (2018); and from five to six years in Chad (2018). Presidential terms were also extended in cases of intra-state conflict and capacity issues when elections in South Sudan (2015 and 2018) and the Democratic Republic of the Congo (2016) were postponed.
- Second, the changes increased the number of terms a person can serve in a presidential office, from two to three terms in the Democratic Republic of the Congo (2015).
- Third, changes were made to reset the presidential term clock for the incumbent president, as seen in Zimbabwe (2013), the Democratic Republic of the Congo (2015), and Rwanda (2015), where incumbents had reached their limits. absolute term limits but could argue that a new or revised constitution allowed them to start new terms unrestricted by previous constitutional limits.
- Fourth, term limits were completely removed in Guinea (2001), Togo (2002), Tunisia (2002), Gabon (2003), Chad (2005), Uganda (2005), Algeria (2008), Cameroon ( 2008), Niger (2009) and Djibouti (2010).
Continental responses and the way forward
The AU has been criticized that the organization does not do enough when presidents manipulate term limits. However, the AU, as a preemptive measure to discourage authoritarian leaders from attempting to change their term limits, formulated the African Charter on Democracy, Elections and Governance.. The Charter, after much campaigning and support from civil society, entered into force in 2012 after being ratified by the requisite number of countries.
The document is important as it contains comprehensive provisions for the promotion of the rule of law, respect for human rights, and the holding of democratic elections “to institutionalize the legitimate authority of representative government, as well as democratic changes of government.” In addition, it links signatories to best practices in election management; and crucially recognizes that unconstitutional changes of government are “a threat to stability, peace, security and development.”
The AU is to be commended for committing AU member states to refrain from “amending or revising the constitution or legal instruments, which is in breach of the principles of democratic change of government” as one of the “illegal means to access or maintain power. ” by having these phrases included in the Charter.
However, some critics have argued that this approach was a compromise following the rejection of a proposal to specifically impose a two-term limit across the continent. If the Charter is to be a true benchmark for African governance, embraced by member states, the AU and African leaders must be firm and decisive in their response to malevolent leaders who try and succeed in altering their constitutions in order to remain in the power. after completing his term.
The adoption of the Charter has been described as “a new dawn for democracy and the rule of law in Africa”, but to fulfill this mission more must be done to formulate adequate response measures towards leaders who seek to modify the limits of their mandates. For this to be the true benchmark for African governance, the AU as custodian of continental governance and its member states should be more proactive, where necessary, in holding to account leaders who change their constitutions to stay in power. .
This article has attempted to answer Maloka’s call by encouraging frank and robust discussions of some of the governance concerns plaguing the continent. Clearly, there is a need for further analysis and for the formulation and implementation of relevant collective policy responses aimed at promoting democracy, good governance and respect for human rights.
The following are some considerations for African policymakers:
Policy considerations
- With several African countries set to go to the polls in 2023, member states and regional organizations must treat the protection of civil rights and democratic processes as a fundamental issue to defend Africa’s democratic achievements.
- AU member states should be warned not to manipulate public crises as a political means to extend their term in office.
- Sanctions on leaders who unconstitutionally extend their term of office must be critical to avoid mixed messages that may inadvertently encourage others to do the same. The AU must be firm in responding to abuses of the presidential mandate with the support of RECs and member states.
Opinions expressed are those of the author and do not necessarily reflect official policy or the position of the mail and guardian.
