The AU and Disputed Presidential Elections

Abstract

This chapter considers the response of the African Union (AU) to two types of unconstitutional change: fraudulent electoral practices and the refusal of incumbent presidents to step down from office following electoral defeat. The chapter addresses the AU’s legal and policy framework for intervention on the occurrence of unconstitutional change of government. In addressing these issues, the chapter considers AU response to election crises in Kenya (2007), Zimbabwe (2008), Cote d’Ivoire (2010), and Gambia (2016). With the exception of Gambia, the AU preference is for power sharing. The chapter concludes that the AU is making positive progress but that in each case the AU’s ultimate support for an incumbent undermines any deterrent and regulatory effect which AU law and policy may have. It also concludes that a revision of the definition of unconstitutional change coupled with firmer responses against perpetrators, including through criminal prosecution, would better advance peace, security, democracy, and development in Africa.