Report of the Ministerial Meeting on the Draft African Charter On

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Report of the Ministerial Meeting on the Draft African Charter On AFRICAN UNION UNION AFRICAINE UNIÃO AFRICANA Addis Ababa, ETHIOPIA P. O. Box 3243 Telephone +251115 - 517700 Fax : +251115 - 517844 Website : www.africa-union.org EXECUTIVE COUNCIL Ninth Ordinary Session 25-29 June, 2006 Banjul, THE GAMBIA EX.CL/ 258(IX) REPORT OF THE MINISTERIAL MEETING ON THE DRAFT AFRICAN CHARTER ON DEMOCRACY, ELECTIONS AND GOVERNANCE AND ON THE REVISION OF THE LOME DECLARATION ON UNCONSTITUTIONAL CHANGES OF GOVERNMENT IN AFRICA EX.CL/258 (IX) Page 1 REPORT OF THE MINISTERIAL MEETING ON THE DRAFT AFRICAN CHARTER ON DEMOCRACY, ELECTIONS AND GOVERNANCE AND ON THE REVISION OF THE LOME DECLARATION ON UNCONSTITUTIONAL CHANGES OF GOVERNMENT IN AFRICA I. INTRODUCTION 1. By Decision EX.CL/Dec.31 adopted in Maputo, Mozambique, in July 2003, the Executive Council, among other things, took note of the documents that emerged from the African conference which held in Pretoria, South Africa, in April 2003, on Governance, Democracy and Elections, and welcomed the proposal of the Commission to prepare a draft document on Democracy, Elections and Governance, which would contain all commitments made by Member States in this regard, and requested that the draft be submitted to the consideration of government experts. 2. Furthermore, in Decision EX/CL/Dec.124(V) adopted in July 2004 in Addis Ababa, Ethiopia, the Executive Council, among other things, requested the African Union Commission to convene a meeting of government and other experts to prepare the Draft Charter on Democracy, Elections and Governance, on the basis of commitments already collectively made by Member States in this regard, and to present the document at its 7 th ordinary session. 3. Pursuant to the implementation of these decisions, the Commission has prepared a Draft Charter on Democracy, Elections and Governance. Concurrently, the Commission has also prepared a report on the revision of the Lome Declaration of July 2000 on unconstitutional changes of government in Africa, in accordance with the provisions of the 93 rd communiqué of the Central Organ of the OAU Mechanism for Conflict Prevention, Management and Resolution, which had requested the Commission to " make an in-depth review of the Lome Declaration, in light of the developments that have occurred since its adoption, in July 2000, and to submit to it, through its sub-committee on Unconstitutional Changes of Government, for subsequent consideration by the competent policy organs of the AU, concrete proposals aimed at strengthening the effectiveness of the Declaration, including the rejection of any participation, in particular as candidates, of the perpetrators of coups d'état, or any other form of unconstitutional change, in elections organized to restore constitutional order ". 4. Before submitting the Draft Charter on Democracy, Elections and Governance for the consideration of government experts, the Commission first submitted it to an independent group of experts for examination, which also simultaneously examined the report on the revision of the Lomé Declaration of July 2000 on unconstitutional changes of government in Africa. The independent experts met in Addis Ababa, Ethiopia, from 21 to 23 November 2005. Their report was submitted to the meeting of government experts. 5. After the meeting of independent experts, the Commission convened a meeting of government experts which held in Addis Ababa from 3 to 5 April 2006. The government experts examined the proposals of independent experts on the revision of the Lomé Declaration on Unconstitutional Changes of Government in EX.CL/258 (IX) Page 2 Africa and those on the Draft Charter on Democracy, Elections and Governance. In the aftermath of their work, they made recommendations which they submitted to the ministerial meeting, which included the need to incorporate the key elements of the Lomé Declaration in the Draft Charter. 6. The ministerial meeting met in Addis Ababa, Ethiopia, on 6 and 7 April 2006. It examined the report of the meeting of government experts on the revision of the Lome Declaration on Unconstitutional Changes of Government in Africa as well as the Draft Charter on Democracy, Elections and Governance. At the end of their in- depth deliberations, the ministerial meeting requested that a second meeting of government experts be convened to give legal form to the Draft Charter, followed by a second ministerial meeting to adopt it. 7. In implementation of the decision of the ministerial meeting on the Draft Charter on Democracy, Elections and Governance, held in Addis Ababa, on 6 and 7 April 2006, the Commission convened, on 7 and 8 June 2006, in Brazzaville, Republic of Congo, the 2 nd meeting of government experts to take a second look at the Draft. It should be recalled that before submitting the Draft anew for examination to government legal experts, the Commission submitted it first to a group of independent legal experts to give it appropriate legal form. 8. At their meeting of 7 and 8 June 2006, government experts examined the Draft Charter article by article. They had a consensus on almost the whole Draft, except on the question of the independence of national electoral bodies, which they decided to submit for consideration to the ministerial meeting. 9. The second Ministerial Meeting on the Draft African Charter on Democracy, Elections and Governance held in Brazzaville, the Republic of Congo, on 9 and 10 June 2006. It examined the Draft Charter article by article and arrived at a consensus on all issues discussed, which consensus was reflected in the new Draft Charter. It should be noted that the question of the revision of constitutions as a ploy to stay in power had dissenting opinions which were reflected in the Draft. II. ATTENDANCE 10. The following Member States were represented: Algeria, Angola, Botswana, Burkina Faso, Burundi, Republic of Congo, Democratic Republic of Congo, Côte d’Ivoire, Egypt, Ethiopia, The Gambia, Ghana, Kenya, Lesotho, Liberia, Libya, Mali, Namibia, Nigeria, Republic of South Africa, Saharawi Arab Democratic Republic, Senegal, The Sudan, Tanzania, Togo, Tunisia, Uganda and Zimbabwe. 11. The Secretariat of the New Partnership for Africa’s Development (NEPAD) and the following organizations participated as observers: The Commonwealth, International Institute for Democracy and Electoral Assistance (IDEA), Electoral Institute of Southern Africa (EISA), and the Economic Community of Central African States (ECCAS). EX.CL/258 (IX) Page 3 III. OPENING CEREMONY 12. The opening ceremony was graced by the presence of the Prime Minister in charge of Coordination of Government Action and Privatization, H.E. Isidore Mvouba, deputizing for H. E. Denis Sassou Nguesso, President of the Republic of Congo and current Chairperson of the African Union. 13. In her welcome statement, the AU Commissioner for Political Affairs, Mrs. Julia Dolly Joiner, first welcomed the holding of this meeting in Brazzaville, capital city of the Republic of Congo. She thanked the people and government of Congo for the efforts they had made to host this conference and assured them of the solidarity and support of the African Union Commission in their endeavour to consolidate national peace, reconciliation and concord. 14. The Commissioner then recalled the issues which were discussed at length during the Addis Ababa meeting, namely, the need to strengthen the Lomé Declaration on Unconstitutional changes of Government in order to put an end to the proliferation of coups d’état and the possibility of incorporating key elements of that Declaration into the Charter to render it legally binding; the issue of the amendment and revision of constitutions to prolong tenure of office; the strengthening of the role of the political parties in consolidating political pluralism and fostering open political debate in Africa; the issue of sanctions, elections, combating corruption and poverty alleviation. 15. Lastly, the Commissioner indicated that the Charter on Democracy, Elections and Governance, once it is signed and enters into force, will infuse new impetus which will contribute to consolidating democracy and good governance in the Continent for the development and wellbeing of African populations. 16. Opening the meeting, the Prime Minister pointed out that the quest for stability and sustainable development in Africa is today a source of major concern of Heads of State and that these noble objectives could not be attained without sustained democracy, good governance and free, regular and transparent elections. 17. He however emphasized that Africa’s nascent democracy increasingly generates challenges that it must address itself. That is why, he stated, there is an urgent need to enhance democracy, both in quantitative and qualitative terms, using appropriate electoral instruments, in order to prevent violence as well as pre- and post-electoral debates that degenerate into inter-community clashes which, unfortunately, portray Africa as a continent of bad losers and of unending discord in the aftermath of elections. 18. Democracy, the Prime Minister continued, should be marked by a common set of rules, mechanisms and conventions on the basis of which regular, free and transparent elections would be organized to choose representatives of the people. 19. The Prime Minister concluded by underscoring that the Charter should necessarily take into account the developments and major changes occurring in the world and that only sustained democracy could guarantee social peace, thus paving the way for democratic alternation and good governance in the political, economic EX.CL/258 (IX) Page 4 and social spheres, failing which Africans would be out of step with the globalization and modernization trend. IV. ELECTION OF THE BUREAU 20. The Bureau was elected as follows: Chair Republic of Congo 1st Vice Chair Republic of South Africa 2nd Vice Chair Republic of Uganda 3rd Vice Chair Sahrawi Arab Democratic Republic Rapporteur Republic of Senegal V. PRESENTATION OF THE REPORT OF GOVERNMENT EXPERTS 21. Mr. Charles Zacharie Bowao, Assistant Secretary General of the Government of the Republic of Congo, in his capacity as the Chairman of the Meeting of Government Experts, presented the Report of the Second Meeting of Government Experts.
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