Abstract
AbstractThe adoption of the African Charter on Democracy, Elections and Governance (ACDEG) has been a milestone for the transformation of Africa's political landscape. This instrument seeks to expand on the ideals of liberal democracy enshrined in the Constitutive Act of the African Union and other African fundamental instruments. The ACDEG seems to pave the way for the right to democracy for Africans, which entails, inter alia, political sovereignty of African citizens. The latter have clearly and vigorously exercised their sovereignty through elections when given such an opportunity. However, in some instances, African citizens resorted to popular uprisings in cases of gross violations of their democracy-related rights. With reference to the recent popular uprisings and coups (or attempted coups) in Africa, this article enquires, from a human rights perspective, whether ACDEG or other instruments, enshrine a right to resist gross undemocratic practices underpinning the right to democracy.
Highlights
The adoption of the African Charter on Democracy, Elections and Governance (ACDEG) and its subsequent entry into force[1] has been a milestone in the transformation of the African democratic landscape
The main spirit of the ACDEG is to ensure democratic governance founded on the rule of law and respect for human rights in Africa.[121]
While African states, individually or collectively, through regional or sub-regional organizations, continue to preach democracy, rule of law and respect for human rights, on the ground many states are standing in the way
Summary
The adoption of the African Charter on Democracy, Elections and Governance (ACDEG) and its subsequent entry into force[1] has been a milestone in the transformation of the African democratic landscape. Gross undemocratic practices amount to serious acts or omissions threatening to breach or breaching the constitutional order, or causing massive or serious violations of democracy-related human rights, the spill-over effects of which may be transnational and likely to cause regional or sub-regional instability or insecurity.[13] The ACDEG and other AU legal instruments and policy documents tackle the issue of serious undemocratic practices The former prohibits unconstitutional changes of government, which are all illegal means of accessing or staying in power,[14] jeopardizing peoples’ aspirations to the rule of law and good democratic governance. After an exploration of how Enlightenment philosophers and political scientists and those inspired by them have theorized the right to resist, the article explores the legal foundations of this right in both international and African human rights law It delves into the ACDEG in order to ascertain whether it enshrines a right to resist gross undemocratic practices. 39 René Cassin’s draft is available at: (last accessed 11 December 2018)
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