The African Union (AU) organised a Reflection Forum on Unconstitutional Changes of Government in Africa from 15 to 17 March in Accra, Ghana. The forum was attended by the AU Commissioner for Political Affairs, Peace and Security – Commissioner Bankole Adeoye, representatives of AU Member States, Members of the AU Peace and Security Council, AU organs and institutions, representatives of the Regional Economic Communities and Regional Mechanisms (RECs/RMs), Representatives of AU Partners, African Civil Society Organisations, academia, youth and women’s groups amongst others. UNOAU was represented by the Special Representative of the Secretary-General (SRSG) Hanna Tetteh. After extensive deliberations the participants agreed on the Draft Accra declaration which essentially summarised the discussions that took place over the three-day period and is to be submitted to the AUPSC for adoption and subsequently to the upcoming extraordinary session of the AU Heads of State and Government which is expected to take place in May 2022 in Malabo, Equatorial Guinea.

The Highlights of the draft declaration noted the continuing strong condemnation of all forms of unconstitutional changes of government in Africa, as well as those involved in perpetrating coups, and the revision of constitutions for the purpose of entrenching incumbent governments. There was also emphasis on the need to fully implement the existing national, regional and continental tools such as the African Peace and Security Architecture, the African Governance Architecture as well as the African Peer review mechanism to enhance national ownership of governance processes, consolidate democratic governance, prevent, manage and resolve conflicts and undertake post conflict reconstruction and development.

The discussions and the subsequent draft declaration placed continued emphasis and highlighted the need to address the issues that led to unconstitutional changes of government which they noted included tampering with electoral laws and affecting constitutional amendments within a short time ahead of upcoming elections. There was also an acknowledgment of the need to use digital tools to bridge the gaps in inter-generational dialogue and tackle the risks of misinformation. There was a suggestion to establish a multi-stakeholder advisory mechanism on Democratic Governance by the African Union Commission to encourage the consolidation of constitutionalism through multi-level engagement.

There was also a discussion on the need for the AU to develop a comprehensive framework establishing different categories of sanctions that may be applied with regard to the seriousness of the violations of the constitutional order. To this end, emphasis was placed on the need to reactivate the AUPSC sub-committee on sanctions among others. UNOAU will continue to monitor the progress of the consideration of the Accra Declaration within the AUPSC and at the next extraordinary summit of the AU Heads of State and the commitments the AU adopts for itself regarding the matter of unconstitutional changes of government. An underlying concern within the entirety of the discussions held was the gap between aspiration and implementation of the decisions and protocols adopted by the AU over the years and the need to undertake effective operationalization of the AU’s decisions and instruments.