Unconstitutional change of gov’t should be a bygone era

The AU should strongly denounce any unconstitutional changes of government whatsoever.

Sunday, August 23, 2020

Last week, Malian soldiers started mutiny, which took control of the Kati military camp and eventually overthrew the legitimate government.

When the mutinous soldiers reached the capital Bamako last Tuesday, they were received with a resounding welcome. Later, thousands gathered in Bamako’s Independence Square to the sound of vuvuzelas, with many declaring victory over the former president.

However, it remains unclear who began the mutiny, how many soldiers took part or who will now take charge.

Following what has been characterized as a military coup, the coup plotters said: "Civil society and political social movements are invited to join us to create together the best conditions for a civil political transition leading to credible general elections for the exercise of democracy through a roadmap that will lay the foundations for a new Mali.”

The deposed President, Ibrahim Boubacar Keïta, resigned after being detained by soldiers last Tuesday. In a televised address, Keïta said he was also dissolving the government and parliament, adding: "I want no blood to be spilled to keep me in power.”

As of now, the deposed President and Prime Minister are in a military camp.

What sparked off this unconstitutional change of government?

To begin with, the deposed president [Keïta] won a second term in elections in 2018, but there has been anger over corruption, the mismanagement of the economy and a dispute over legislative elections.

It has prompted several large protests in recent months. Besides, there has also been anger among troops about pay and over a continuing conflict with jihadists. The discontent has been driven by economic issues and young people fed up with rising unemployment.

All these grievances made the government of President Keïta every unpopular in recent months.

In spite of such grievances, could that be a justification for unconstitutional change of government?

The African Union Constitutive Act, especially in its Article 4, proclaims ‘respect for democratic principles, human rights, the rule of law and good governance’ and ‘condemnation and rejection of unconstitutional changes of governments’, among its cardinal principles.

In recent years, the AU reaffirmed its position against unconstitutional change of government. The principal rationale for denouncing unconstitutional change of government is to consolidate democracy in African States.

The AU should strongly denounce any unconstitutional changes of government whatsoever.

Way back in 2000, Africa expressed grave concern about resurgence of coups in Africa. In reality, coups are disturbing developments which obviously pose a threat to peace and security of the continent.

In fact, coups precipitate a serious setback to the AU’s commitment to the process of democratization. Moreover, military coups are clearly inconsistent with the purposes and principles of the United Nations.

In Sudan, for example, the former President Omar al-Bashir was deposed in a military coup following widespread street protests against his rule. Sudan has had more coup attempts than any other country in Africa.

Also, in Zimbabwe, before the demise of Robert Mugabe, the military mounted a takeover to put an end to Robert Mugabe’s 37-year rule. At the time, a top military official, Maj Gen Sibusiso Moyo, went on television to deny flatly that it was a military takeover.

Earlier, in September 2015, Burkina Faso’s interim President, Michel Kafando, had been deposed in a military coup by the loyalists of the former President Blaise Compaore, but following the pressure from the AU and ECOWAS, he was reinstated.

Make no mistake, had it not been such pressure perhaps the former President Blaise Compaore would have made a comeback.

Responding to the current situation [in Mali], the AU has, at best, suspended Mali from the AU.

On the same note, the African Union Commission (AUC) Chairperson, Moussa Faki Mahamat, condemned news of the arrests, in a series of tweets, calling on "the mutineers to cease all use of violence,” and asking the international community to oppose any use of force.

Similarly, the Economic Community of West African States (ECOWAS), a regional body, also said its 15 member states had agreed to close their borders with Mali, suspend all financial flows to the country, and eject Mali from all ECOWAS decision-making bodies. More to that, West African leaders have called for Keïta to be reinstated. Prior to the President’s ouster, ECOWAS has been trying to mediate between Keïta’s government and opposition groups.

Last Wednesday, the United Nations Security Council also condemned the mutiny and urged the rebel soldiers to return to their barracks.

Surprisingly, almost all coup leaders invariably deny their action was a coup in an effort to appear legitimate. As such, the AU should vehemently oppose any unconstitutional changes of governments as an unacceptable today in Africa. Any such act contradicts AU’s commitment to promoting ideals of the democratic rule.

As noted in AU’s Constitutive Act, there’s a need to ensure the observance of the provisions of the Act, which are consistent with the provisions of the African Charter on Human and Peoples’ Rights.

It’s quite important to uphold the principles of good governance, transparency and human rights as essential elements for building representative and stable governments and can contribute to conflict prevention.

Military coups should be a bygone era in Africa.

The writer is a law expert.