Falana stated this in a paper titled “the Unconstitutional Change of Government in Africa” delivered at the AU Forum in Accra, Ghana, according to a statement by Tayo Soyemi of the Falana and Falana Chambers.
Human rights lawyer, Femi Falana (SAN) has faulted African Union (AU) leaders over their failure to implement their human rights obligations and commitments.
Falana stated this in a paper titled “the Unconstitutional Change of Government in Africa” delivered at the AU Forum in Accra, Ghana, according to a statement by Tayo Soyemi of the Falana and Falana Chambers.
According to Falana, the African Continent has witnessed government impunity, abuse of human rights, grand and systemic corruption, and flagrant disregard for the rule of law.
He noted that while there have been other legal and constitutional infractions, political opponents and activists who oppose the illegal constitutional amendment and other infractions are either jailed, exiled or killed.
He urged the African Union leaders to start making effective and meaningful use of its treaties and protocols on democracy and human rights so as to improve respect for democratic principles, human rights, the rule of law, and the well-being of African citizens.
The paper read in part: “Despite the illegality and grave human rights violations in many of these member states, the AU has continued to send election observers who usually endorse questionable and seriously flawed elections under a purported constitutional amendment.
“Since tenure elongation has paved the way for coups in some countries the AU should suspend governments that amend national constitutions to extend the tenure of political leaders.
“The AU and other regional bodies should also stop sending observer teams to monitor elections conducted under the watch of sit-tight political leaders.
“The obligation of AU leadership to take preventive and effective measures to address democratic and rule of law deficits in several member states is a central part of the responsibility to protect.
“The failure to take effective and meaningful preventive measures to address these democratic and rule of law deficits will continue to undermine the legitimacy and ability of the AU to consistently deal with military coups and unconstitutional changes of government in Africa.
“AU and leaders must therefore begin to make effective and meaningful use of its treaties and protocols on democracy and human rights, and its early warning mechanisms to improve respect for democratic principles, human rights, the rule of law, and the well-being of African citizens.
“The primary responsibility for implementing human rights lies with governments. But AU leaders can no longer use as a pretext the ground of ‘national sovereignty for their failure to respond to gross and systematic violations of human rights that affect their citizens and reject impunity where States fail to perform their legal and constitutional duties.
“Apart from the manipulation of the constitution, abuse of human rights and official impunity the crisis of poverty arising from the gross mismanagement of the economy by the ruling class aided by imperialism is also exploited to remove elected governments.
“To stop the unconstitutional change of governments the economic crisis confronting the AU member states ought to be seriously tackled.
“It is common knowledge that the economy of the continent is in the hands of foreign economic interests that have embarked on massive looting and exploitation of the abundant human and natural resources of African countries.
“As if that is not enough, the majority of them are implementing neoliberal economic policies which have pauperised the people.
“When the Structural Adjustment Programme was imposed on African countries in the 1980s by the World Bank the Economic Community of Africa (ECA) came up with Alternative to SAP.
“The ECA should be revitalised to collaborate with the RECs to mobilise the African people to defend the economy of the member states of the African Union.
“With a population of 1.3 billion the African market is large enough to create wealth for the African people. The African Union should ensure that the market is controlled by the member states.
“While some notorious Western financial institutions are sabotaging the economy of Africa the African Development Bank is involved in the creation of enabling environment for trade and investment to thrive in Africa.
“The AU should also make the meaningful and effective implementation of its Constitutive Act, treaties and protocols on democracy and human rights, and obeying the rule of law a condition for retaining the membership of the institution.
“The AU must assert its mandates under its Constitutive Act, treaties and protocols to immediately push for full and effective respect for democratic principles, human rights, transparency and accountability, as well as the rule of law in each of its member states.
“The AU and its leaders must proactively apply and implement their voluntary commitments including on democracy and human rights to take preventive measures to promote the rule of law, end impunity of political leaders, and ensure full respect for citizens’ human rights.
“The lack of political will to respect human rights, reject impunity, and obey the rule of law is exacerbated by the fact that to date only 8 of the 55 AU members have ratified the protocol establishing the African Court of Justice and Human Rights.
“They are Angola, Benin, Burkina Faso, Congo, Gambia, Libya, Liberia, and Mali. Yet, the protocol was adopted some 14 years ago, in 2008 in Sharm El-Sheikh, Egypt!
“Unlawfully amending national constitutions to remain office is acting above the law, and contrary to AU treaties and protocols, and other international standards, as well as seriously undermining member states’ democratic systems.”