The Africa Governance Report
Recognition of traditional dispute resolution mechanisms is one way of enhancing access to justice.
However, these informal structures must respect the rights of those who come before them.
4.5
Achievements in African Constitutionalism and the Rule of Law
Over the last three decades, there has been considerable progress in constitutionalism and the rule of
law. At continental level, Member States have made commendable efforts to promote democracy and
good governance. They consider these ideals as critical to the attainment of sustainable peace, security,
and development on the continent. The AU has spelt out its commitment to these ideals in its instruments,
including the AU Constitutive Act, the declaration on unconstitutional changes of government, the
declaration governing democratic elections, the declaration on observing and monitoring elections, and
the more recently, the African Charter on Democracy, Elections and Governance (ACDEG).
Member States have also implemented constitutional reforms for greater political freedom and
democratic pluralism. Key achievements include: restoring multi-party politics, fixing presidential termlimits, conducting regular free and fair legislative and presidential elections, restoring the legislative and
oversight functions of legislatures, guaranteeing judicial independence and promoting the emergence
and growth of private media and civil society.
Additionally, constitutional rules are taken seriously, and presidential term limits are now widely
respected. It is also noteworthy that many African constitutions now demand respect for the rule of law,
human rights, and have made provisions for institutional checks and balances, including judicial review.
African countries, as we can see, have made considerable progress towards consolidating the practice
of democracy. The African public too has become more demanding as its democratic awareness
increases. They now perceive democracy in terms of protection of civil liberties, participation in decisionmaking, voting in elections, and governance reforms.
4.6
Challenges to Constitutionalism and the Rule of Law
The African Union has established an elaborate institutional framework for promoting democracy and
governance on the continent. This framework consists of institutions and Organs such as: the African
Union Commission (AUC), the African Commission on Human and Peoples’ Rights, the African Court
on Human and Peoples’ Rights, the Pan-African Parliament, the African Peer Review Mechanism
(APRM), the Economic, Social and Cultural Council, the African Union Advisory Board on Corruption,
and Regional Economic Communities.
It also set up the African Governance Architecture Platform (AGA) in 2007.29The objective of this platform,
which entered into force in 2012, is to enhance the ratification, domestication and implementation of
African Union norms on governance, particularly the African Charter on Democracy, Elections and
Governance (ACDEG). It should be noted that the AGA is an informal mechanism, and therefore, does
29The members of the AGA Platform are: the Peace and Security Council the African Court on Human and Peoples’ Rights, the African
Commission on Human and Peoples’ Rights, the African Committee of Experts on the Rights and Welfare of the Child, the African Peer Review
Mechanism, the Pan African Parliament, the African Union Development Agency (formerly New Partnership for Africa’s Development – NEPAD),
the African Commission on International Law, the African Union Advisory Board on Corruption, the Economic, Social and Cultural Council, Regional
Economic Communities, the Permanent Representatives Committee, and Specialised Technical Committees.
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