13.
Constitutionalism and the rule of law refer to recognition of
the supremacy of the law, whereby the law is the basis for
political decision-making and administrative action. In concrete
terms, it entails: (a) respect for law; respect for the rights of
human beings; (b) the separation of governmental powers;
(c) public participation in governance; (d) accountability of
the three arms of government to the public; (e) independence
of the legislature and the judiciary; (f) accountability and
effectiveness of the bureaucracy; and (g) access to justice.
14.
There are signs of progress in African constitutionalism and the
rule of law, including:
a. Encouragement of democratization.
b. Generally, respect for presidential term limits.
c. Respecting human rights.
d. Introduction of institutional checks and balances,
including systems of judicial review.
15.
However, some constraints and challenges still require action,
such as (a) the Member States establishing strengthening
mechanisms to monitor and evaluate the effectiveness of integrity
and anticorruption programmes and strategies; (b) incorporating
local and customary practices in their formal criminal justice
systems; and (c) the Member States consistently submitting the
periodic reports required by the instruments they have committed
to.
Constitutionalism
and The Rule
of Law
16.
Peace,
Security and
Governance
17.
18.
There are various instruments for ensuring good peace, security
and good governance. At the continental level, the AU has
committed to implementing decisions and actions that would
lead to peace, security and good governance, to “Silencing
the Guns” by 2020. There have been several efforts by the AU,
RECs, and Member States to prevent and mediate conflict and
establish stability.
Although the number of large-scale inter-state wars has declined,
instances of intra-state conflicts, violence, unrest, and terrorism
appear to have increased in the last two decades.
Various recommendations are proposed to promote peace,
security and governance. The Member States should: (a) sign,
ratify and domesticate all the crucial instruments; (b) improve
harmonization of functions between the AU and RECs; and (c)
fast-track the rapid deployment capability of the Africa Standby
Force.
THE AFRICA GOVERNANCE REPORT 2019
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