By Kamissa Camara
On September 17 this year, the United States commemorates
the 229th anniversary of its Constitution, a document that provides a
model for countries around the world.
Among the
document’s 27 amendments,
the 22nd says that “no person shall be elected to the office of the
president more than twice […].”
Presidential
term limits have also been a common feature of African constitutions — but
constitutional amendments have almost
exclusively extended presidential term limits. Since the 1990s,
at least 30 presidents in sub-Saharan African nations have tried to extend
their regimes by tweaking constitutional term limits.
Between 2005 and 2015,
presidents in Senegal, Burkina Faso, Congo
Republic, Congo, Uganda and Rwanda attempted
to extend their terms in office through constitutional or other legal
amendments.
Governments backed up
these constitutional changes with force on several occasions, along with human
rights abuses. In Congo, the January 2014 demonstrations followed President
Joseph Kabila’s attempt to modify the electoral laws and to stay in power
beyond the two terms outlined in the country’s constitution.
Police forces cracked
down on demonstrators, leaving 27 dead.
After
the protests, the Congolese parliament eventually removed the controversial article
that would have allowed President Kabila to remain in power beyond December
this year, the end of his second term. Kabila assumed the presidency in 2001 at
the age of 29 after his father was assassinated.
After the constitution
was amended to allow presidential candidates under age 35, he was re-elected in
2006, and again in 2011. The presidential elections scheduled for 2016 are
likely to be postponed indefinitely,
posing risks for further instability in the country.
In 2015, President
Pierre Nkurunziza of Burundi won reelection to a third term, despite a
constitutional two-term limit. Protesters clashed with government forces, while
opposition candidates boycotted the vote. Nkurunziza claimed the country’s
legislature had elected him to his first term as president, making him eligible
to run for two additional terms.
But
some countries are fighting this trend, using the very same weapons —
constitutional referendums. In 2015, citizens of the Central African
Republic overwhelmingly
backed a constitutional referendum aimed at ending nearly three
years of political
instability.
The amended constitution limits the power of
the president and increases that of the parliament — and establishes a Special
Criminal Court to try war crimes and crimes against humanity
committed in the country since 2003.
Senegal’s
successful constitutional
referendum in March reduced presidential terms from seven years
to five years. Other
measures reaffirmed the role of opposition parties and local
officials.
Other
African countries such as Mali and Benin are negotiating new constitutions.
Mali will soon revise its
constitution to incorporate provisions of the 2015 Algiers Peace Agreement
signed between the government and former rebel groups.
Since July this year, a
group of experts has been reviewing the
peace agreement to figure out which clauses to integrate into the Malian
constitution.
In Benin, newly elected
President Patrice Talon is suggesting that the country’s constitution be
revised to limit
presidential terms to only one. However, in October 2011, the
constitutional court of Benin ruled that presidential term limits were unchangeable.
Therefore,
Talon’s constitutional reform project might be moot.
These referendums are
good for democratic
consolidation, the process by which new democracies establish strong
foundations to prevent a slide back to autocratic rule. They are also crucial
for good governance, long-term stability and rule of law.
In
July, Ivory Coast’s parliament voted
overwhelmingly in favor of holding a referendum on a new
constitution. A draft
constitution, with a nationwide vote, is expected by the end of this
year.
Last November, after
winning a second term in office, President Alassane Ouattara declared during
his acceptance
speech that “the [constitutional] modifications will take into
account [Ivory Coast’s] history, culture and the values that [Ivorians] want to
promote for a new Ivory Coast.”
Voters
approved the last Ivorian
constitution in 2000, after a 1999 military coup by General
Robert Guéi. The 2000 constitution introduced Article 35, which requires
presidential candidates to prove that both parents are natural-born Ivorians.
Article 35 also states that presidential candidates must have never claimed
citizenship in another country.
Since the 1930s, the
Ivory Coast has been the first
destination for West African migrants — under Article 35,
an estimated 30
percent of the country’s 14 million inhabitants would be considered
non-Ivorians.
This
nationality clause contributed to
the country’s bloodiest civil war, from 2010 to 2011, and to a decade of
political and security crises.
The concept of
“Ivoirité” effectively excluded key politicians who did not meet the stiff
nationality requirements, including current President Ouattara, who served as
prime minister and was an aspiring presidential candidate.
Former president Henri
Konan Bédié accused Outtara of being of Burkinabé descent, as his parents came
from neighboring Burkina Faso. Ouattara was able to run for president after a
2005 peace deal allowed
him to obtain an Ivorian citizenship certificate.
The
impending constitutional referendum would remove the nationality clause, which
would reflect Ivory Coast’s multiethnic population and promote the inclusion of
all Ivorians, regardless of their origins, in political affairs.
But the referendum also
includes a number of controversial reforms,
such as the creation of a new senate body, with one-third of the senators
appointed by the president.
In addition, the
referendum would create a vice-president position — a move some in the country
perceive as a convenient and quiet move by President Ouattara to pick a
successor.
According to
constitutional law scholar Charles Manga
Fombad, “a major cause of political and constitutional instability
in post-independence Africa was the ease with which political leaders subverted
constitutionalism by arbitrarily changing constitutions to suit their political
agendas.”
Paradoxically, voting on constitutional
changes can be one of the most transparent
and democratic ways to further a culture of consultation — and
strengthen democratic political systems.
Recent
patterns in African constitutional referendums suggest that as much as military
coups are becoming passe,
constitutional coups soon might also become outdated.
In sub-Saharan Africa,
constitutions in many countries are slowly becoming binding documents that
limit presidential powers — and boost democracy and the rule of law.
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