During the previous African Governance Architecture meeting, the chief executive of the African Peer Review Mechanism Professor Eddy Maloka called for the continent to be firm and honest when dealing with governance affairs. He expressed his concern about the trend of governance in Africa and asked the African Union (AU) to find ways to solve this serious problem.
According to studies, Africa is grappling with democratic backsliding. In 1985 there were only three democracies while there were 42 authoritarian regimes on the continent. In 2015, the number of democracies reached 22. However, the democratic retreat has shrunk to 18 democracies compared to 19 authoritarian and 13 hybrid regimes in 2020.
This trend is seen in some countries because certain presidents try to cheat the term limits that have been set and change the constitution to extend their term. This is unfortunate because 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 in many African countries.
While most African countries have presidential term limits built into their constitutions, this has not stopped 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 changes failing. In 23 cases, spread over 19 countries, the changes strengthened term limits by introducing or imposing stricter temporal limits on the presidential mandate, but in 24 cases in 18 countries, temporal limits on holding the office of president were removed or abolished.
Term limits remain important for the promotion of democracy and good governance as they are important safeguards to prevent tyranny and to ensure a peaceful political transition from one president-elect to the next. These security measures and a peaceful political transition are the foundation for a healthy democratic state.
The results of the Afrobarometer survey found that citizens are in favor of presidential term limits. In 34 countries, an average of 76% voted to limit the president to two terms, including a majority (54%) who “strongly” supported this rule.
The presidency limits the limits of manipulation in action
However, changes in term limits in the continent have been implemented in four ways which include:
- First, the amendment extends the term of office of the president: from five to seven years as in Guinea (2001), Democratic Republic of Congo (2002), Rwanda (2003) and Burundi (2018); and from five to six years in Chad (2018). The presidential term was also extended in cases of intra-state conflict and capacity issues when elections were postponed in South Sudan (2015 and 2018) and the DRC (2016).
- Second, the change increases the number of terms a president can serve, from two to three terms in DRC2015).
- Thirdly, changes were made to reset the presidential term for the current president, as seen in Zimbabwe (2013), DRC (2015) and Rwanda (2015), where the incumbents have reached the absolute limit, but it can be argued that there is something new . or the amended constitution allows them to start with a new mandate unfettered by the limitations of the previous constitution.
- Fourth, term limits have been removed entirely in Guinea (2001), Togo (2002), Tunisia (2002), Gabon (2003), Chad (2005), Uganda (2005), Algeria (2008), Cameroon (2008), Niger ( 2009) and Djibouti (2010).
Continental Response and Way Forward
Criticism has been leveled at the AU that the organization does not do enough when presidents interfere with term limits. However, the AU is a pre-emptive measure to prevent authoritarian leaders from trying to change term limits, formulating the African Charter on Democracy, Elections and Governance.. The charter, after many campaigns and support from civil society, emerged in 2012 after the required number of countries ratified it.
The document is important because it has comprehensive provisions for the promotion of the rule of law, respect for human rights and the holding of democratic elections “for the institutionalization of the legitimate authority of representative government as well as the democratic change of government”. In addition, it binds the signatories to best practices in election management; and it is important to recognize that the unconstitutional change of government is a “threat to stability, peace, security and development”.
The AU should be commended for doing AU member states not to “amend or revise the constitution or legal instrument, which is a violation of the principle of democratic change of government” as one of the “illegal ways to access or maintain power.” by including these sentences in the Charter .
However, some critics say this approach is a compromise after rejecting a special proposal to impose a two-term limit across the continent. If the Charter is to be a true benchmark for African governance, adopted by member states, the AU and African leaders must be firm and decisive in their response to evil leaders who try, and succeed, to change the constitution to stay in power. after the season is over.
The adoption of the Charter has been described as “a new dawn for democracy and the rule of law in Africa”, but if it is to fulfill this mission more must be done in formulating adequate response measures for leaders seeking to change term limits. For this to be a true benchmark for African governance, the AU is the custodian of continental governance and member states must be more proactive, if necessary, calling on leaders who change the constitution to stay in power.
This article has attempted to respond to Maloka’s call by encouraging an honest and robust discussion of some governance issues affecting the continent. It appears that there is a need for deeper analysis and the formulation and implementation of relevant collective policy responses to promote democracy, good governance, and respect for human rights.
Here are some considerations for African policy makers:
Policy insights
- With several African countries going to the polls in 2023, protecting civil rights and the democratic process must be considered a critical issue by member states and regional organizations to support African democratic gains.
- AU member states should be warned not to manipulate public crises as a political means to extend their positions.
- Sanctions for unconstitutional leaders should remain in office to avoid mixed messages that may inadvertently encourage others to do the same. The AU must be firm in its response to abusers of the presidency with the support of the REC and member states.
The views expressed are those of the author and do not necessarily reflect official policy or position Mail & Guardians.