Unconstitutional Change of Government in Africa and AU’s Response: The Case of Egypt
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Date
2018-01
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Addis Ababa University
Abstract
Unconstitutional change of government under AU norms refers not exclusively to
Coup D’état-the sudden overthrow of a government, but it also encompasses the
subversion of a democracy as expressed by the will of the people through election,
refusal to relinquish power after losing election, and manipulating the supreme lawthe
constitution, in order to extend the incumbency of serving government. Coup
d’état is by far the most challenge to the continuity of regimes and has been a source
of political instability in Africa. Though the 1990s and 2000s witnessed a decrease in
the number of military Coup d’état, the coup d’état phenomenon still looms over
African continent. The 2013 Coup d’état in Egypt by Field Marshal Adel Fatah Al-sisi,
now a President, against elected President Mohamed Morsi, is a living proof. To
combat unconstitutional change of government including coup d’état, the African
union (AU) and its predecessor, the Organization of African Unity (OAU) has begun
to articulate a Policy on unconstitutional change of government in 1997. Since then
AU has adopted a robust of legal instruments on unconstitutional change of
government. However, in practice, the OAU/AU/ response to the phenomenon lack
consistency and uniformity.
Thus, this thesis aims at briefly examining the existing OAU/AU legal regime on
unconstitutional change of government. It will then investigate OAU/AU’s response
to unconstitutional change of government delving into the consistency of the
response. In considering these issues, the thesis examines the response of the African
Union to the 2013 Coup D’état in Egypt, in which AU Reinstated Egypt’s
membership on June 17, 2014, though constitutional order was/is not restored
formally. The thesis concludes by arguing that AU’s response to unconstitutional
change of government is paradox to its legal norms.
Key words : African Union, Unconstitutional Change of Government, Norm, Coup
D’état, Egypt.
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Keywords
African Union, Unconstitutional Change of Government, Norm, Coup D’état, Egypt.