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. Page 51 of 96

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