African Union (AU): Draft Charter on Democracy, Elections And Governance

This brief note explains the rationale and justification for the development of the draft Charter on Democracy, Elections and Governance. The note further explains the methodology used in developing the Charter.

The next section, following this introduction, highlights the commitment of AU to democratic governance as enshrined in its Constitutive Act. The third section provides a contextual background. The fourth section presents the rationale and justification for the draft Charter. The fifth section introduces the methodology used in developing the draft Charter. The last section outlines the overall structure of the draft Charter.

2. CONSTITUTIVE ACT OF AFRICAN UNION (AU)

Since the 1990s, African states have committed themselves to the institutionalization of democratic governance individually and collectively through regional and continental inter-governmental bodies. At the continental level, the AU has been in the driving seat for democratization of the continent since its inception in 2000. I n Article 4 of its Constitutive Act, the African Union (AU) commits Member States to the following democratic principles, among others:

•  Respect for democratic principles, human rights, the rule of law and good governance;

•  Promotion of gender equality;

•  Promotion of social justice to ensure balanced economic development;

•  Respect for the sanctity of human life, condemnation and rejection of impunity and political assassinations, acts of terrorism and subversive activities; and

•  Condemnation and rejection of unconstitutional changes of governments.

Since the inception of the African Union (AU) in 2000 the momentum of democratisation throughout the continent has been accelerated. More countries have since embraced multiparty political systems. Increasingly, mono-party and military regimes of the yesteryear are becoming obsolete. However, there is still need for vigilance on the part of the AU given that the scourge of military coups continues to present a challenge despite the signing and adoption of the 2000 Lome Declaration on the Framework for an OAU Response to Unconstitutional Changes of Governments.

3. CONTEXTUAL FRAMEWORK

While progress has been made with regard to political transitions towards democracy in Africa since the 1990s, the process of nurturing and consolidation of the democratic system remains a daunting task. Evidence suggests that democratic transition is relatively easier than building and sustaining democracy. It is one thing to jettison authoritarian rule and it is quite another to build the institutional and cultural foundations for democracy. Put another way, there cannot be democracy without democrats. The African Union recognises this challenge and this explains in part the numerous declarations and decisions that the OAU/AU has adopted with a view to striving towards institutionalisation of political, economic and social governance.

While many of these declarations are summed up in the preamble of the Draft Charter, the three critical ones are (a) the 1981 African Charter on Human and Peoples’ Rights (Nairobi, Kenya); (b) the 1990 African Charter for Popular Participation in Development (Arusha, Tanzania); and (c) the 2000 Declaration on the Framework for an OAU Response to Unconstitutional Changes of Government (Lome, Togo). The African Charter on Human and Peoples’ Rights commits member states to respect, protect and promote rights and freedoms of people. The African Charter for popular participation in Development proclaims that “popular participation is the fundamental right of the people to fully and effectively participate in the determination of the decisions which affect their lives at all levels and at all times” (Article 10, p.19). The Lome Declaration on unconstitutional changes of governments prohibits illegal changes of regimes and encourages constitutional alternation of power.

The Draft Charter on Democracy, Elections and Governance, therefore, aims at reinforcing the commitments of AU Member States to democracy as elaborated in the three documents mentioned above and various others enunciated in the preamble to the Charter. It brings these commitments together in a consolidated and legally binding document through which Member States will build solid institutional and cultural foundations for sustainable democracy and durable peace.

4.  RATIONALE AND JUSTIFICATION FOR THE DEMOCRACY CHARTER

The rationale behind the Charter is that it further reinforces commitment of AU Member States to democracy, development and peace. While democracy requires participator and inclusive development; participatory development too cannot be realised without democracy. Both democracy and development can only endure and be sustained under conditions of peace wherein there are institutionalised and effective mechanisms for prevention, management and transformation of conflict. Thus, throughout the Charter, there is constant commitment of AU Member States towards institutionalisation of democratic social, economic and political governance. Such institutionalisation must be accompanied by a deliberate process of inculcating a culture of democracy and peace. This basically defines the rationale behind this draft Charter whose specific objectives and principles are elaborated in Chapters 2 & 3.

5. METHODOLOGY FOR THE DEVELOPMENT OF THE CHARTER

The development of the draft Charter assumed two intertwined methodological strands: (a) stakeholder dialogue process and (b) desk research & write-up.

Following the Inaugural Summit of the AU held in Durban, South Africa in 2002, the African Union co-hosted a continental conference together with the Independent Electoral Commission (IEC) of South Africa and the African Association of Electoral Authorities (AAEA) in Pretoria, South Africa, under the theme “Strengthening African Initiatives: Elections, Democracy and Governance”, convened between 7 th and 10 th April 2003. The Pretoria Conference was held within the context of the AU commitment to democracy as enshrined in Article 4 of the Constitutive Act. Equally importantly, the Conference took place after the AU inaugural Summit in Durban, South Africa, which adopted the Declaration on Principles Governing Democratic Elections as well as the NEPAD Declaration on Democracy, Economic and Corporate Governance which, significantly, encapsulates the African Peer Review Mechanism (APRM).

The Meeting of the Government Experts held in Addis Ababa, Ethiopia from 15 to 17 May 2004 discussed the above issues in detail and depth. Specifically with regard to the draft Declaration on Democracy, Elections and Governance, the Government Expert Meeting recommended the document be developed further into a Draft Charter on Democracy, Elections and Governance.

The document was developed further into a draft Charter through consultation of previous commitments, declarations and protocols of the OAU/AU that have a bearing on democracy, development and peace. The main elements of these commitments were consolidated together into the present Charter. In a nutshell, the draft Charter does not in anyway introduce any new commitment to democracy, development and peace on the part of the AU. It is simply a modest attempt to restate and reinforce commitments already made. More importantly, the draft Charter brings these together into one solidified document which is also more legally binding on Member States compared to declarations and protocols etc. The initial draft Charter was discussed in depth and refined further during the recent meeting of independent experts organised by the Commission of the AU in Addis Ababa, Ethiopia between 21 & 24 November 2005.

6. STRUCTURE OF THE CHARTER

The draft Charter is structured as follows:

•  Preamble;

•  Chapter 1: Definitions;

•  Chapter 2: Objectives;

•  Chapter 3: Principles;

•  Chapter 4: Democracy, Human Rights and Rule of Law;

•  Chapter 5: Culture of Democracy and Peace;

•  Chapter 6: Democratic Institutions;

•  Chapter 7: Democratic Elections;

•  Chapter 8: Measures to be Taken in Cases of Unconstitutional Changes of Governments;

•  Chapter 9: Political, Economic and Social Governance;

•  Chapter 10: Mechanisms and Scope of Application

•  Chapter 11: Final Clauses

7. CONCLUSION

The present Charter on Democracy, Elections and Governance is both relevant and timely for the AU to pursue the continental agenda for democracy, participatory development and peace with more vigour. It is relevant given that it will compliment governance initiatives already underway such as the African Peer Review Mechanism (APRM) that is being implemented within the framework of the New Partnership for Africa’s Development (NEPAD). It is also timely for it comes at the time that the AU is undergoing self-examination in respect of curbing the spate of unconstitutional changes of government within the Member States since the signing and adoption of the 2000 Lome Declaration on the Framework for an OAU Response to the Unconstitutional Changes of Governments. Further more, the implementation of the draft Charter will further advance the principles of the 1980 African Charter on Human and Peoples’ Rights as well as those enshrined in the 1990 African Charter for Popular Participation in Development. It is important that while the commitment of AU member states towards democracy, development and peace is not necessarily new, with the draft Charter, these commitments are likely to bear much more palatable fruits.