Constitutional violations in Africa: Breaking the cycle of excessive terms of office!
On Thursday 6 August 2020, Ivorian Head of State Alassane Dramane Ouattara announced in his Independence Day address that he would stand in the October 2020 presidential election. He is therefore seeking a third presidential term, after previously ruling out any possibility of standing again. Addressing both chambers of Parliament sitting in Congress on 5 March 2020, he had clearly stated that he would not seek a third term.
In Guinea-Conakry, a constitutional referendum marred by violence and resulting in around ten deaths was held on 22 March 2020. President Alpha Condé’s alleged pernicious plan is to seek a third term at the age of 82 by giving the country a new Constitution and resetting the clock.
Article 55 of the Ivorian Constitution states that “the President of the Republic is elected for five years by direct universal suffrage. He may be re-elected only once.” This provision remained unchanged after the constitutional revision of 8 November 2016. Chapter IV of the current Constitution, which addresses legislative continuity, states in Article 183: “The legislation currently in force in Côte d’Ivoire shall remain applicable, unless replaced by new legislation, insofar as it is not contrary to this Constitution.” In light of these provisions, AfricTivistes believes that Alassane Dramane Ouattara cannot legally or legitimately seek a third term.
AfricTivistes also believes that holding a referendum in Guinea on 22 March 2020 to change the Constitution, while disregarding the danger posed by the COVID-19 pandemic, casts doubt on the good faith of Guinea’s current leaders. AfricTivistes believes that this haste to hold a popular consultation reveals a hidden agenda to seek a third term, and that its sole purpose is to enable Alpha Condé to stand again.
Alassane Dramane Ouattara’s action sets a dangerous precedent for the sub-region. In Guinea-Conakry, following the ruling party’s national convention, held on 5 and 6 August, delegates of the Rally of the Guinean People (RPG-Arc-en-ciel) asked incumbent President Alpha Condé to be their candidate in the presidential election. He has set the election date for 18 October 2020, while declining for now to say whether he will seek a third term.
AfricTivistes cannot accept this reversal by the Ivorian President, which is unconstitutional. Nor can it accept the illegal action by RPG-Arc-en-ciel in nominating the Guinean President as its candidate in the next presidential election, despite knowing that the Constitution does not allow anyone to seek a third term.
AfricTivistes wishes to alert public opinion in Côte d’Ivoire, Guinea, Africa and internationally to these possible attempts to force through third terms. We call on the Ivorian and Guinean Heads of State to reconsider their positions and prepare for their succession by organising free, democratic and transparent elections in which they do not stand for re-election.
AfricTivistes urges the governments of Côte d’Ivoire and Guinea to respect their countries’ constitutions and refrain from adopting legal interpretations that will not enhance their standing.
AfricTivistes calls on key African stakeholders to address these issues urgently, before we reach a point of no return and further destabilise the West African sub-region.
AfricTivistes calls for peace and respect for rights in both countries, and urges Ivorian and Guinean political actors to promote dialogue and the peaceful resolution of political disputes.
AfricTivistes stands in solidarity with African populations in their pursuit of democratic transitions without tension or bloodshed.
