AFRICAN CHARTER ON DEMOCRACY, ELECTIONS AND GOVERNANCE PRESENTATION TO THE JOINT MEETING OF: THE SELECT COMMITTEE ON TRADE AND INTERNATIONAL RELATIONS AND THE PORTFOLIO COMMITTEE ON INTERNATIONAL RELATIONS AND CO-OPERATION BY THE DEPARTMENT OF INTERNATIONAL RELATIONS AND COOPERATION BRANCH AFRICA MULTILATERAL Amb. AK BRAMDEO, CHIEF DIRECTOR

Structure of the Presentation Historical evolution of the Charter The provisions of the Charter Value of the Instrument Status of Ratification/ the South African process Conclusion

Historical evolution of the Charter 1) The July 1990 OAU Assembly carried out a critical review of the political, social and economic conditions on the continent, Addis Ababa. Review undertaken within the context of rapid changing international environment. Committed to enhance democracy through promotion of popular participation in political processes. Speedup socio-economic development on the continent.etc “ Declaration on the Political and Socio-Economic Situation in Africa and Fundamental Changes which are Currently Taking Place in the World”.

Historical evolution of the Charter (Cont.) 2) The 1999 Algiers OAU Assembly Decision on unconstitutional changes of government. Emphasis placed on the promotion of democracy, protection of human rights and upholding the rule of law. Commitment to enhance social and economic governance in Africa. 3) The Algiers Decision of 1999 subsequently led to the 2000 Lomė “Declaration for OAU Response to Unconstitutional Changes of Government”. Adoption of sanction regime in cases of unconstitutional changes of government. - Economic sanctions, perpetrators to be tried before competent courts.

Historical evolution of the Charter (Cont.) 4) The impetus created by the 2002 Launch of the AU in South Africa. Commitment to free, fair and transparent elections. Enumerated in the 2002 OAU/AU “Declaration on Principles Governing Democratic Elections in Africa”. The AU co-hosted a continental conference with the Independent Electoral Commission of South Africa in Pretoria in April 2003 under the theme: “ Strengthening African Initiative: Elections, Democracy and Governance”. The Pretoria conference laid foundation for the drafting of the Charter. Substantive (text) work on the Charter completed in 2006. The Charter was adopted by the AU Summit on 30 January 2007, in Addis Ababa, Ethiopia.

The provisions of the Charter Chapter 1 to 3 contains introductory articles Focused on the Foundational bases Reflect on objectives and principles The Preamble notes the founding principles of the Charter:*good governance, popular participation, rule of law, human rights as enshrined in the AU Constitutive Act and commits to democratic transfer of political power. Refers to the OAU/AU historical declarations and decisions (covered within the historic context above).

The provisions of the Charter Chapter 4 to 8 comprise articles embodying substantive elements. Basic adherence obligations of State Parties. Supremacy of national constitutions. Upholding of the rule of law. Promotion and protection of human rights. Establishment of a culture of democracy. Establishment and strengthening of institutions supporting democracy.

The provisions of the Charter Establishment and strengthening of independent and impartial national electoral bodies. The AU Commission to assist Member States to strengthen electoral institutions and processes. provides process for electoral observation and monitoring. Asserts the role of the AU and the AU Peace and Security Council. Provides for sanctions in case of unconstitutional changes of government.

The provisions of the Charter Chapters 9,10 &11 deal with the roles of State Parties, AU Commission and the RECs. Importance of the role of State Parties in Advancing Political, Economic and Social Governance. Emphasis the need for engagements with traditional authorities and all spheres of government. State Parties to domesticate the provisions of the Charter and submit measures taken in this regard every two years. The AU Commission to develop benchmarks for implementation of the Charter. RECs to coordinate and cooperate with the AU in implementation of the instrument.

Value of the Instrument Contribution to the pursuit for a united, peaceful and prosperous Africa. Peace and stability and good governance important for socio-economic development. Political leadership to be held accountable to the electorate. Member States could engage each other on issues of democracy. Additional instrument to respond to unconstitutional changes of government. Democratic transfer of political power. It provides common perspective and shared values in democratic principles and practices among Member States.

Status of Ratification/the South African process SA cabinet endorsed the Charter in 2008 Due to unforeseen circumstances, the Charter could only be signed in Feb 2010. The Charter conforms with SA’s constitution, domestic Laws and its international obligations. It is in line with regional Protocols/Declarations i.e. SADC Principles and Guidelines Governing Democratic Principles. Consistent with SA’s foreign policy principles. As of 31 August 2010, 37 countries have signed the Charter and only 6 have ratified.

Thank you!!!