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African Union
African Charter on Democracy, Elections and Governance
- Published
- Commenced on 15 February 2012
- [This is the version of this document at 30 January 2007.]
Chapter 1
Definitions
Article 1
In this Charter, unless otherwise stated, the following expressions shall have the following meaning:“AU” means the African Union;“African Human Rights Commission” means the African Commission on Human and Peoples’ Rights;“African Peer Review Mechanism” APRM means the African Peer Review Mechanism;“Assembly” means the Assembly of Heads of State and Government of the African Union;“Commission” means the Commission of the Union;“Constitutive Act” means the Constitutive Act of the Union;“Charter” means the African Charter on Democracy, Elections and Governance;“Member States” means the Member States of the African Union;“National Electoral Body” means a competent authority, established by the relevant legal instruments of a State Party, responsible for organizing and supervising elections;“NEPAD” means the New Partnership for Africa’s Development;“Peace and Security Council” means the Peace and Security Council of the African Union;“Regional Economic Communities” means the regional integration blocs of the African Union;“State Party” means any Member State of the African Union which has ratified or acceded to this Charter and deposited the instruments for ratification or accession with the Chairperson of the African Union Commission;“Union” means the African Union.Chapter 2
Objectives
Article 2
The objectives of this Charter are to:Chapter 3
Principles
Article 3
State Parties shall implement this Charter in accordance with the following principles:Chapter 4
Democracy, rule of law and human rights
Article 4
Article 5
State Parties shall take all appropriate measures to ensure constitutional rule, particularly constitutional transfer of power.Article 6
State Parties shall ensure that citizens enjoy fundamental freedoms and human rights taking into account their universality, interdependence and indivisibility.Article 7
State Parties shall take all necessary measures to strengthen the Organs of the Union that are mandated to promote and protect human rights and to fight impunity and endow them with the necessary resources.Article 8
Article 9
State Parties undertake to design and implement social and economic policies and programmes that promote sustainable development and human security.Article 10
Chapter 5
The culture of democracy and peace
Article 11
The State Parties undertake to develop the necessary legislative and policy frameworks to establish and strengthen a culture of democracy and peace.Article 12
State Parties undertake to implement programmes and carry out activities designed to promote democratic principles and practices as well as consolidate a culture of democracy and peace.To this end, State Parties shall:Article 13
State Parties shall take measures to ensure and maintain political and social dialogue, as well as public trust and transparency between political leaders and the people, in order to consolidate democracy and peace.Chapter 6
Democratic institutions
Article 14
Article 15
Article 16
State Parties shall cooperate at regional and continental levels in building and consolidating democracy through exchange of experiences.Chapter 7
Democratic elections
Article 17
State Parties re-affirm their commitment to regularly holding transparent, free and fair elections in accordance with the Union’s Declaration on the Principles Governing Democratic Elections in Africa.To this end, State Parties shall:Article 18
Article 19
Article 20
The Chairperson of the Commission shall first send an exploratory mission during the period prior to elections. This mission shall obtain any useful information and documentation, and brief the Chairperson, stating whether the necessary conditions have been established and if the environment is conducive to the holding of transparent, free and fair elections in conformity with the principles of the Union governing democratic elections.Article 21
Article 22
State Parties shall create a conducive environment for independent and impartial national monitoring or observation mechanisms.Chapter 8
Sanctions in cases of unconstitutional changes of government
Article 23
State Parties agree that the use of, inter alia, the following illegal means of accessing or maintaining power constitute an unconstitutional change of government and shall draw appropriate sanctions by the Union:Article 24
When a situation arises in a State Party that may affect its democratic political institutional arrangements or the legitimate exercise of power, the Peace and Security Council shall exercise its responsibilities in order to maintain the constitutional order in accordance with relevant provisions of the Protocol Relating to the Establishment of the Peace and Security Council of the African Union, hereinafter referred to as the Protocol.Article 25
Article 26
The Peace and Security Council shall lift sanctions once the situation that led to the suspension is resolved.Chapter 9
Political, economic and social governance
Article 27
In order to advance political, economic and social governance, State Parties shall commit themselves to:Article 28
State Parties shall ensure and promote strong partnerships and dialogue between government, civil society and private sector.Article 29
Article 30
State Parties shall promote citizen participation in the development process through appropriate structures.Article 31
Article 32
State Parties shall strive to institutionalize good political governance through:Article 33
State Parties shall institutionalize good economic and corporate governance through, inter alia:Article 34
State Parties shall decentralize power to democratically elected local authorities as provided in national laws.Article 35
Given the enduring and vital role of traditional authorities, particularly in rural communities, the State Parties shall strive to find appropriate ways and means to increase their integration and effectiveness within the larger democratic system.Article 36
State Parties shall promote and deepen democratic governance by implementing the principles and core values of the NEPAD Declaration on Democracy, Political, Economic and Corporate Governance and, where applicable, the African Peer Review Mechanism (APRM).Article 37
State Parties shall pursue sustainable development and human security through achievement of NEPAD objectives and the United Nations Millennium Development Goals (MDGs).Article 38
Article 39
State Parties shall promote a culture of respect, compromise, consensus and tolerance as a means to mitigate conflicts, promote political stability and security, and to harness the creative energies of the African peoples.Article 40
State Parties shall adopt and implement policies, strategies and programmes required to generate productive employment, mitigate the impact of diseases and alleviate poverty and eradicate extreme poverty and illiteracy.Article 41
State Parties shall undertake to provide and enable access to basic social services to the people.Article 42
State Parties shall implement policies and strategies to protect the environment to achieve sustainable development for the benefit of the present and future generations. In this regard, State Parties are encouraged to accede to the relevant treaties and other international legal instruments.Article 43
Chapter 10
Mechanisms for application
Article 44
To give effect to the commitments contained in this Charter:Article 45
The Commission shall:Chapter 11
Final clauses
Article 46
In conformity with applicable provisions of the Constitutive Act and the Protocol Relating to the Establishment of the Peace and Security Council of the African Union, the Assembly and the Peace and Security Council shall determine the appropriate measures to be imposed on any State Party that violates this Charter.Article 47
Article 48
This Charter shall enter into force thirty (30) days after the deposit of fifteen (15) Instruments of Ratification.Article 49
Article 50
Article 51
Article 52
None of the provisions of the present Charter shall affect more favourable provisions relating to democracy, elections and governance contained in the national legislation of State Parties or in any other regional, continental or international conventions or agreements applicable in these State Parties.Article 53
This Charter, drawn up in four (4) original texts, in Arabic, English, French and Portuguese languages, all four (4) being equally authentic, shall be deposited with the Chairperson of the Commission who shall transmit certified copies of same to all Member States and the United Nations General Secretariat.History of this document
15 February 2012
Commenced
30 January 2007 this version
Consolidation
Country 55 | Signature Date 46 | Ratification Date 39 | Deposit Date 38 |
---|---|---|---|
Kenya | 2008-06-28 | 2021-01-07 | 2022-02-04 |
Algeria | 2012-07-14 | 2016-11-20 | 2017-01-10 |
Angola | 2012-01-27 | 2021-06-08 | 2021-07-29 |
Benin | 2007-07-16 | 2012-06-28 | 2012-07-11 |
Botswana | |||
Burkina Faso | 2007-08-02 | 2010-05-26 | 2010-07-06 |
Burundi | 2007-06-20 | ||
Cabo Verde | 2012-01-27 | ||
Cameroon | 2011-08-24 | 2012-01-16 | |
Central African Republic | 2008-06-28 | 2017-04-24 | 2019-03-06 |
Chad | 2009-01-22 | 2011-07-11 | 2011-10-13 |
Comoros | 2010-02-02 | 2016-11-30 | 2017-01-06 |
Democratic Republic of the Congo | 2008-06-29 | ||
Djibouti | 2007-06-15 | 2012-12-02 | 2013-01-22 |
Egypt | |||
Equatorial Guinea | 2011-01-30 | 2017-07-11 | 2019-10-08 |
Eritrea | |||
Eswatini | 2008-01-29 | ||
Ethiopia | 2007-12-28 | 2008-12-05 | 2009-01-06 |
Gabon | 2010-02-02 | ||
Gambia | 2008-01-29 | 2018-06-11 | 2019-02-04 |
Ghana | 2008-01-15 | 2010-09-06 | 2010-10-19 |
Guinea | 2007-05-09 | 2011-06-17 | 2011-07-11 |
Guinea-Bissau | 2008-06-17 | 2011-12-23 | 2012-01-04 |
Ivory Coast | 2009-06-11 | 2013-10-16 | 2013-11-28 |
Lesotho | 2010-03-17 | 2010-06-30 | 2010-07-09 |
Liberia | 2008-06-18 | 2014-02-23 | 2017-03-07 |
Libya | |||
Madagascar | 2014-01-31 | 2017-02-23 | 2017-04-13 |
Malawi | 2012-10-11 | 2012-10-24 | |
Mali | 2007-06-29 | 2013-08-13 | 2013-09-02 |
Mauritania | 2008-01-29 | 2008-07-07 | 2008-07-28 |
Mauritius | 2007-12-14 | ||
Morocco | |||
Mozambique | 2010-05-27 | 2018-04-24 | 2018-05-09 |
Namibia | 2007-05-10 | 2016-08-23 | 2016-08-30 |
Niger | 2008-06-17 | 2011-10-04 | 2011-11-08 |
Nigeria | 2007-07-02 | 2011-12-01 | 2012-01-09 |
Republic of the Congo | 2007-06-18 | ||
Rwanda | 2007-06-29 | 2010-07-09 | 2010-07-14 |
Sao Tome and Principe | 2010-02-01 | 2019-04-18 | 2019-06-27 |
Senegal | 2008-12-15 | ||
Seychelles | 2016-08-12 | 2016-09-28 | |
Sierra Leone | 2008-06-17 | 2009-02-17 | 2009-12-08 |
Somalia | 2013-01-28 | ||
South Africa | 2010-02-01 | 2010-12-24 | 2011-01-24 |
South Sudan | 2013-01-24 | 2014-01-26 | 2015-04-13 |
Sudan | 2008-06-30 | 2013-06-19 | 2013-09-16 |
Tanzania | |||
Togo | 2007-10-30 | 2012-01-24 | 2012-03-20 |
Tunisia | 2013-01-27 | 2013-01-27 | |
Uganda | 2008-12-16 | ||
Western Sahara | 2010-07-25 | 2013-11-27 | 2014-01-27 |
Zambia | 2010-01-31 | 2011-05-31 | 2011-08-07 |
Zimbabwe | 2018-03-21 | 2022-06-04 | 2022-06-07 |