Oyewole Michael
7 min readAug 7, 2018

--

African Charter on Democracy, Elections and GovernanceAfrican Charter on Democracy, Elections and Governance

Simplified Version

This simplified version of the 53 Articles of the African Charter on Democracy, Elections and Governance has been created especially for young people.

Chapter 1

Definitions

Definition of Abbreviations and Terminologies. Key terms, terminologies and abbreviations as used in the charter are defined.

Chapter 2

Objectives

Adherence to Democracy, Good Governance and Rule of Law and respect for Human rights. All member countries shall promote good governance and constitutional order for the benefit of all citizens. The rule of law and the right of all citizens shall be duly respected.

Chapter 3

Principles

Promotion of Democratic Principles and human rights. All citizens should be treated equally and should be able to participate in democratic processes. Governments should govern their countries in the spirit of Transparency and fairness and respect for their constitution.

Chapter 4

Democracy, Rule of Law and Human Rights

Right of Citizens to Vote. All persons who are eligible before the law should be granted the right to vote.

Peaceful Transfer of Power. There should be a peaceful transfer of power to parties that legitimately win power through elections.

Ensure Fundamental Human Rights. State parties shall ensure the Rights of All Citizens.

Strengthen the Organs of the AU. It is a responsibility of Member States to resource the AU.

No Discrimination. The rights of all persons shall be guaranteed irrespective of gender, political opinion, ethnic, religion, disability, background, and race.

Sustainable development and Security. Governments should formulate and implement policies that ensure sustainable development and the security of their citizens.

Revision of National Constitution Shall be by Consensus. The constitution shall be the supreme law of the state and protect all citizens

equally. Revisions to the constitution shall be by consensus obtained through referendum.

Chapter 5

The Culture of Democracy and Peace

Development of Strong Democratic Culture. Strong democratic structures and policy frameworks shall strengthen a culture of democracy and peace.

Promoting democratic principles and practices. Governments shall ensure transparent and accountable administration, strengthen political institutions, create space for civil society organizations to exist and operate, civic education in their educational curricula.

Dialogue is Key to Peace Building. Governments shall ensure and maintain political and social dialogue between political leaders and the people, in order to build democracy and peace.

Chapter 6

Democratic Institutions

Governments Shall Derive their Mandate from the National Constitution. Nobody should use any means apart from the framework set in the constitution to elect a government into power or out of power.

Public Institutions Need to Remain Independent, accountable and Resourced. Governments shall establish independent and autonomous public institutions that promote and support democracy and are accountable to national organs.

Cooperation with other countries. Governments should cooperate at regional and continental levels for knowledge sharing on democracy.

Chapter 7

Democratic Elections

State Parties Shall Hold regular, transparent, free and fair Elections. AU member countries shall be committed to hold credible elections by strengthening national electoral bodies, by establishing mechanisms for election related disputes, by ensuring equitable access to state controlled media by contesting parties, and a binding code of conduct for political stakeholders prior, during and after elections.

Electoral institutions and processes must be strengthened. Electoral processes ought to follow best practices to hold regular and credible elections. Governments may request for assistance in strengthening electoral institutions and processes to the Commission that will send a special advisory missions.

Observer missions in the Electoral Process. State parties shall guarantee the security, free access to information, non-interference, freedom of movement and full cooperation with the electoral observer mission.

Assessment of the Electoral Environment Prior to Elections. Prior to elections, observer missions should be allowed to play the role to document and assess whether the necessary conditions have been established to hold transparent, free and fair elections.

Observer Missions shall be Independent and Professional. Electoral observer missions shall be conducted by competent experts in an objective, impartial and transparent manner.

Creation of conducive environment for effective monitoring. A conducive environment for independent and impartial monitoring and observation mechanisms should be created.

Chapter 8

Sanctions in Cases of Unconstitutional Changes of Government

Illegitimate Governments Shall be Sanctioned. All governments must derive their authority from the national constitution. Any other means of ascending to Power or retaining power without mandate from the constitution shall not be recognized and thus be sanctioned.

The Peace and Security Council of the AU will intervene in Electoral Disputes. The AU through the Peace and Security Council will help maintain constitutional order during electoral crises.

Parties to an Unconstitutionally Constituted Governments shall be suspended from Participating in the Activities of the AU.

The Peace and Security Council shall Lift Sanctions once the Situation that Led to the Suspension is Resolved.

Chapter 9

Political, Economic and Social Governance

27. State Institutions Must Be Strengthened. To advance political, economic and social governance, state parties shall strengthen state institutions, foster popular participation and partnership with civil

society; improve the efficiency of the public sector, combat corruption, and promote freedom of expression..

Building Partnership. State Parties shall foster a strong relationship between government, civil society and the private sector.

Women Participation in Governance. State Parties shall create the necessary conditions for full and active participation of women in the decision-making processes and structures, as well as encouraging their participation in the electoral process. Equal opportunities must be given to women and gender parity in representation at all levels

Active Participation of Citizens in Development Processes. State Parties shall create structures to promote citizen participation in the development process.

Equal Opportunities for Groups with special needs in Governance Processes. State Parties shall promote systematic and comprehensive civic education and ensure participation of groups with special needs, including the youth and persons living with disabilities in democracy and development processes.

Institutionalizing Political Governance Structures. The practice of good governance shall be institutionalized through an accountable, efficient and effective public administration, well-functioning parliaments, an independent judiciary, strong public institutions, harmonious civil-military relations, a multiparty political systems, regular, free and fair elections, and respect for the rule of law. .

Institutionalizing Economic and Corporate Governance Structures. Good practices in economic and corporate governance shall be institutionalized through effective public sector management; transparent public finances; prevention of corruption ; efficient public debt management; sustainable use of public resources; equitable allocation of the nations wealth and natural resources; poverty alleviation; regulating the private sector, and an efficient and effective tax system.

Decentralization of Governance. State Parties should decentralize political authority to the local assembly level of administration.

Traditional Authorities Must Be Integrated In The Governance Structure. Traditional authorities shall be recognized and integrated within the larger democratic system.

Implementation of Key Protocols to Deepen Democratic Governance. Principles and core values in key protocols that foster democratic governance should be implemented.

Pursuit of Sustainable Development Goals. State Parties shall pursue sustainable development and human security through achievement of the United Nations Millennium Development Goals (MDGs).

Commitment to Peace and Security. All countries shall make the conscious effort to ensure peace, security and stability in their countries, regions and in the continent. Conflict prevention and resolution initiatives shall receive solidarity and support amongst member states.

Promoting a culture of Peace. State Parties shall promote a culture of respect, compromise, consensus and tolerance to mitigate conflicts, promote peace, security and stability in their respective countries.

Commitment to Improve the Standard Of Living for All Citizens. State Parties shall adopt and implement policies, strategies and programmes required to generate productive employment, mitigate the impact of diseases and alleviate poverty and eradicate extreme poverty and illiteracy.

Access to Social Services by All Citizens. Member states shall undertake to provide and enable access to basic social services to the people.

Protection of the Environment. All countries shall institute and implement policies to protect the environment to achieve sustainable development.

Provision of Free and Compulsory Basic Education. State Parties shall provide free and compulsory basic education for all citizens without discrimination and ensure the literacy of citizens above compulsory school age, particularly marginalized social groups.

Chapter 10

Mechanisms for Application

Commitment to the Implementation of the Charter. All, the African member states, the Commission, and regional bodies, commit to initiate appropriate measures to ensure the implementation of the principles, objectives and core values enshrined in this charter.

The Commission Shall Act as the Central Coordinating Structure for the Implementation of this Charter. The commission will assist state parties in implementing the Charter; and coordinate with other key organs of the AU

Imposition of Sanctions. The Assembly and the Peace and Security Council shall determine the imposition of sanctions upon violation of the charter.

Ratification of Charter. This Charter shall be open for signature, ratification and accession by Member States.

Enforceability of Charter. This Charter shall enter into force thirty (30) days after the deposit of fifteen (15) Instruments of Ratification.

Reporting on Implementation of Charter. All activities on the implementation of the Charter should be recorded and reported on. All reports should be submitted to the commission to track the level and progress of implementation.

Any State Party may Submit Proposals for the Amendment or Revision of this Charter. The charter may be amended or revised by consensus or, by two-thirds majority of the Assembly.

The Chairperson of the Commission shall be the Depository of this Charter

Limitations of the Charter. None of the provisions in the Charter shall affect more favorable provisions contained in national legislation of State Parties or in any other regional, continental or international conventions or agreements applicable in these State Parties.

The Charter shall be in Four Languages. This Charter shall be drawn up in four (4) original texts – Arabic, English, French and Portuguese languages

Recognising the importance of the PRC to the implementation of the ACDEG and other continental policies touch on democracy, governance and human rights, AAN needs to up the game of engaging with the AU desk at the Ministry of Foreign Affairs and the overseeing minister.
There is an opportunity for capacity building at continental level on
revive the culture of introducing media dialogues in our activities and make conscious effort to train them on core areas of our work. This is to improve the quality of media reportage and keep journalists focused on the key issues that should be addressed for sustainable development and ensure social justice.

--

--

Oyewole Michael

Farmer. Motivational Speaker. Development Analyst Mentor/Life Coach. Business Consultant. Coporate Trainer. Writer. Career Profiling. Blogger. Humanitarian.