The implications of unconstitutional changes of government for democracy and the rule of law in Africa: A human rights perspective

Abstract

This article explores the implications of unconstitutional changes of government (UCGs) for democracy and the rule of law in Africa from a human rights perspective. It critically examines how UCGs erode democratic institutions, undermine the rule of law, and facilitate human rights violations by weakening accountability mechanisms and suppressing political dissent. Drawing on case studies of Mali, Guinea, Sudan, and Chad, the article highlights the socio-political dynamics and institutional fragilities that enabled military takeovers or extraconstitutional successions, as well as the domestic and regional responses to these crises. The analysis reveals that UCGs often result in transitional regimes that lack legitimacy, perpetuate repression, and deepen civic disenfranchisement. The article argues that safeguarding democracy and the rule of law in Africa requires sustained commitment to constitutional order, proactive regional intervention, and the protection of human rights as foundational pillars of governance. It concludes with recommendations aimed at preventing UCGs and mitigating their impact, including strengthening constitutional safeguards, bolstering regional normative frameworks such as the African Charter on Democracy, Elections and Governance, and enhancing the role of regional bodies such as the African Union in enforcing anti-coup norms.