Banjul conference urges tough measures against unconstitutional change in ECOWAS
Banjul, Gambia (PANA) - The ECOWAS Community Court’s 2023 International Conference on “Zero Tolerance for Unconstitutional Change of Government” (UCG) in West Africa, has ended in Banjul with wide ranging recommendations, including the criminalisation of UCG and the creation of a special task force to intervene in such cases in member States.
The four-day meeting also called for the strengthening of the apolitical nature of the Armed Forces to guard against UCG, and utilising early warning tools and existing protocols to recalibrate the regional peace and security architecture.
The term “unconstitutional change” should be defined in the ECOWAS instruments and what constitutes a violation of convergence principles clearly spelt out, said the Conference Communique.
It also called on member States to stem tenure elongation, eliminate all pseudo-democratic laws, and criminalise UCG at the national level with national courts having jurisdiction.
It recommended effective sanctions against perpetrators of UCG, including coup plotters and their supporters, with the amendment of the ECOWAS Supplementary Protocol on Democracy and Governance to “ensure that sanctions do not affect the fundamental human rights of ordinary citizens”.
The communique urged a “review of the efficiency of sanctions” and creation of an implementation guideline, while calling for respect of term limits and an end to constitutional manipulations by incumbents to extend their mandates.
It said the Protocol of the Community Court of Justice should be modified to allow for judicial intervention in election matters.
The communique recommended the strengthening of the means of settling electoral disputes at the national level through the enactment of laws and setting up of mechanisms for independent adjudication of electoral disputes.
The conference called for an increase in the number of judges of the ECOWAS Court of Justice in line with International best practices and the amendment of the protocols on the court to enable access to individual citizens in respect of violations of community laws/obligations including activating sanctions proceedings against member States.
ECOWAS should “muster the political will" to hold member States accountable to their treaty obligations, the communique said.
It further called for the guarantee of the independence of the judiciary and the strengthening the capacity of courts to render justice and also recommended that the root causes of political conflicts should be addressed to ensure political stability, peace, and progress, as well as cultivation and strengthening of a democratic culture for economic growth.
ECOWAS should "combat corruption in public life" as it undermines public confidence in state institutions and creates conditions for instability.
It also called for measures against misinformation and disinformation, particularly the negative impact of social media and the involvement of the youth.
ECOWAS should ensure strict adherence by member States to the provisions of the African Charter on Human and Peoples’ Rights, and effective implementation of regional Treaty and Protocols to make compliance thereof a condition for retaining the membership of the sub-regional bloc.
Furthermore, ECOWAS should strengthen the competences and enforcement capacities of the ECOWAS Court of Justice as well as focus on the fight against poverty and the promotion of social dialogue.
It urged that national electoral institutions should be supported with structured training of stakeholders such as political parties, civil society, academia, and the media, on community principles and values.
According to the communique, ECOWAS should “utilise proactive preventive diplomacy, mediation and results oriented conflict management strategies driven by consistency, neutrality and inclusivity to deal with management and resolution of conflict”.
It called for the creation of a functional mediation, conciliation, and arbitration committee for settling disputes in ECOWAS countries, and with a standard community legal framework for member States to fulfil their treaty obligations.
ECOWAS member States should ensure strict adherence to the provisions of the African Charter on Human and Peoples’ Rights, the Communique recommended, and called a deliberate effort to discourage the teeming youths from being dangerously radicalised by terrorists, separatist militias, bandits, kidnappers, and ethno-religious fundamentalists within the sub-region.
In his keynote address at the opening of the conference on Monday, the Guest Speaker, Prof Chidi Odinkalu, former Chair of Nigeria’s National Human Rights Commission, charged ECOWAS member States to ratify, domesticate and implement the 2014 Malabo Protocol which prescribes trial by the African Court on Human and Peoples’ Rights (ACHPR) of politicians, soldiers or mercenaries who subvert constitutional rule on the continent.
He said this would serve as a deterrent against UCG.
The President of the ECOWAS Community Court of Justice, Justice Edward Asante, said the annual conference was the regional Court’s most important programme.
He described the theme this year as a burning issue, given military interventions in governance through military coups in the past two years in three ECOWAS member States -- Mali, Guinea, and Burkina Faso -- which are now under military rule and suspended by ECOWAS.
-0- PANA PR/MA 26May2023
