These codes endorse democracy as the preferred
normative standard for governance in Africa. The AU
Constitutive Act reaffirms the commitment to ‗democratic
principles, human rights, the rule of law and good
governance‘. The NEPAD Document declares that
democracy is a precondition for development. It
considers development as ‗impossible in the absence of
true democracy‘ and pledges to uphold it not only in the
narrow sense of elections but more broadly, including in
respect of the freedom of association that underpins it.
African countries will ‗respect the global standards of
democracy, the core components of which include
political pluralism, allowing for the existence of several
political parties and workers‘ unions, and fair, open and
democratic elections periodically organised to enable
people to choose their leaders freely.‘ The reference to
political pluralism and the existence of multiple parties is
significant, as it formalises the break with one-party
systems that existed in many African countries until the
1990s.
elections and good governance‘,280 it is arguably the
most comprehensive and authoritative pronouncement
on these issues.
Aspiration 3 of Agenda 2063 is also highly pertinent here:
‗An Africa of good governance, democracy, respect for
human rights, justice and the rule of law‘. This Aspiration
envisions elections meeting a few fundamental
principles: ‗(i) multi-party, plural systems; (ii) level,
transparent playing field in the political competitive
process; (iii) education of the electorate to make
informed choices; and (iv) Pan-Africanism, equality,
diversity, excellence and solidarity.‘281 In the rest of this
section, we will closely examine two critical elements of
this bottleneck: elections, and constitutionalism and the
rule of law.
Elections
The fulcrum of a democratic system is the holding of
regular, free and fair elections. In this, Africa has
experienced undeniable progress over the past couple of
decades. As a result, the various CRRs tend to
commend progress made, while often also recognising
that remaining flaws exist in the democratic framework.
The Nigeria CRR is instructive here. Referring to the
2007 elections as important, the CRR has some
forthright criticisms of the way in which they were
conducted: 282
Equally important is the reference to ‗fair, open and
democratic‘ elections. This is another element of Africa‘s
democratic vision – elections must facilitate real
competition, and parties must be able compete on a level
playing field. This demands, for example, that incumbent
parties do not abuse the state for partisan purposes
(such as using state media to promote partisan
campaign agendas, or having state security services
harass opposition activists). The standards also identify
some key ways in which democracy is undermined. For
example, the Declaration on the Framework for an OAU
Response to Unconstitutional Changes of Government
puts forward four of these:
During the CRM, many stakeholders confirmed
that the 2007 elections in particular were the
most poorly organised and massively rigged in
the country‘s limited experience with electoral
politics. This election has diminished citizens‘
confidence in electoral processes and
institutions and may contribute to undermining
Nigeria‘s capacity to manage its internal
conflicts.
military coup d‘état against a democratically
elected Government;
intervention by mercenaries to replace a
democratically elected Government;
replacement of democratically elected
Governments by armed dissident groups and
rebel movements; and
the refusal by an incumbent government to
relinquish power to the winning party after free,
fair and regular elections.
This analysis – the growth of electoral politics coupled
with anti-democratic practices – has been well analysed
by numerous scholars, arguably most prominent among
them Fareed Zakaria,283 who termed it ‗illiberal
democracy‘. This refers to a political system in which
elections are held to choose governments, but in
environments in which people‘s freedom of action and
the ability to seek protection from state malfeasance are
badly compromised.
It is remarkable that the declaration is applicable only in
respect of governments that have come to power through
democratic means. To ensure that elections do meet
minimum levels of democratic probity, several of the
standards pay attention to their management, calling for
impartial and professional electoral commissions. They
also envision elections being subject to peer scrutiny,
with continental bodies playing a role in election
observation so as to ensure they are properly conducted.
280
One standard of direct relevance which has been
included in the revised APRM questionnaire is the
African Charter on Democracy, Elections and
Governance (ACDEG), from 2007 which entered into
force in 2012. Described as the ‗first African treaty of its
kind that specifically aims at promoting democracy,
281
282
283
56
„ACDEAG‟,
undated,
http://agaplatform.org/index.php/resources/201510-12-12-22-06.
http://agaplatform.org/index.php/resources/201510-12-12-22-06
Agenda 2063, pp. 12-13.
Nigeria CRR, p. 84.
Zakaria F, „The rise of illiberal
democracy‟,
Foreign
Affairs
(November/December 1997).