The African Charter on Democracy, Elections and Governance Explained

The African Charter on Democracy, Elections and Governance (often shortened to ACDEG) is an African Union treaty that commits the states that ratify it to regular, free and fair elections, independent electoral bodies, the rule of law and constitutional transfers of power. It was adopted in Addis Ababa on 30 January 2007 and entered into force on 15 February 2012. Its best-known provisions define what counts as an "unconstitutional change of government" and set out the sanctions that follow, including suspension from the AU.

Key facts

Item	Detail
Adopted	30 January 2007, at the eighth ordinary session of the AU Assembly, Addis Ababa
In force	15 February 2012, 30 days after the 15th ratification was deposited
Signatures	46 of the AU's 55 member states, as of the AU status list of 8 July 2024
Ratifications	39, as of the same list
Main monitoring body	The African Union Commission

The Charter binds only the states that have ratified it. Signing alone signals support but does not make a state a party.

What the Charter is for

Article 2 lists thirteen objectives. Among them are to:

• promote universal values and principles of democracy and respect for human rights;
• promote the rule of law, based on the supremacy of the constitution;
• promote regular free and fair elections, to give representative government legitimate authority and allow democratic changes of government;
• prohibit, reject and condemn unconstitutional change of government in any member state;
• protect the independence of the judiciary;
• fight corruption, and foster citizen participation, transparency, access to information, freedom of the press and accountability;
• promote gender balance and equality in governance;
• promote best practice in the management of elections.

Commitments on elections

Chapter 7 deals with democratic elections. Under Article 17, states parties reaffirm their commitment to regular, transparent, free and fair elections in line with the AU's Declaration on the Principles Governing Democratic Elections in Africa. To that end they must:

1. establish and strengthen independent and impartial national electoral bodies responsible for managing elections;
2. establish and strengthen national mechanisms that resolve election disputes in a timely manner;
3. ensure fair and equitable access to state-controlled media for contesting parties and candidates during elections;
4. ensure a binding code of conduct for political stakeholders, government and other political actors before, during and after elections, including a commitment to accept the results or to challenge them only through legal channels.

The first of these links directly to the design questions discussed in what an electoral commission does.

Observation and electoral assistance

The Charter also builds election observation into the system:

• A state party may ask the AU Commission, through its Democracy and Electoral Assistance Unit, for advice or help in strengthening its electoral institutions.
• Each state party must inform the Commission of scheduled elections and invite it to send an observer mission, and must guarantee the mission security, access to information, freedom of movement and non-interference.
• Before an election, the Chairperson of the Commission first sends an exploratory mission to judge whether conditions are in place for a transparent, free and fair election.
• Observer missions must be independent, objective, impartial and transparent, staffed by experts drawn from bodies such as the Pan-African Parliament, national electoral bodies and national legislatures, with attention to regional balance and gender equality.
• Missions report to the Chairperson of the Commission, and a copy goes to the state concerned.
• States must also create a conducive environment for independent national observers.

For how missions work in practice, see how election observation works.

Unconstitutional changes of government

Chapter 8 deals with sanctions. Article 23 lists illegal means of "accessing or maintaining power" that count as an unconstitutional change of government:

1. a putsch or coup d'état against a democratically elected government;
2. intervention by mercenaries to replace a democratically elected government;
3. replacement of a democratically elected government by armed dissidents or rebels;
4. refusal by an incumbent government to hand over power to the winning party or candidate after free, fair and regular elections;
5. amendment or revision of the constitution or legal instruments that infringes the principles of democratic change of government.

The list is introduced with the words "inter alia", meaning "among other things", so it is not exhaustive. The fourth and fifth items go beyond military coups: they cover the conduct of sitting governments, and the Charter is described as the first AU legal instrument to treat such "constitutional coups" as a form of unconstitutional change.

What happens next

When the AU's Peace and Security Council finds that an unconstitutional change of government has taken place and diplomatic efforts have failed, Article 25 says:

• the state is suspended from taking part in AU activities, with immediate effect, in line with Article 30 of the AU's Constitutive Act;
• the suspended state must still meet its obligations to the Union, especially on human rights;
• the AU keeps up diplomatic contacts and works to restore democracy;
• the perpetrators may not stand in the elections held to restore democratic order or hold positions of responsibility in their state's political institutions;
• perpetrators may be tried before the competent court of the Union;
• the Assembly must sanction any member state shown to have instigated or supported such a change in another state, and may impose other sanctions, including economic measures;
• states parties must not shelter perpetrators, and must bring them to justice or extradite them.

The Peace and Security Council lifts the sanctions once the situation that led to the suspension has been resolved.

Wider governance commitments

The Charter is not only about elections. Other chapters commit states parties to civilian control of the armed and security forces, independent public institutions that support democracy, the strengthening of parliaments and legally recognised political parties, partnership with civil society, efficient public administration, the fight against corruption, the full participation of women, and decentralisation of power to democratically elected local authorities.

How the Charter is monitored

Monitoring works at three levels:

• National. States parties must bring their laws into line with the Charter, publicise it and build its principles into national policy.
• Continental. The AU Commission is the central co-ordinating body. It develops benchmarks for implementation, evaluates compliance, and co-ordinates evaluation with other AU organs, including the Pan-African Parliament, the Peace and Security Council and the African Commission on Human and Peoples' Rights.
• Regional. The Commission works with the Regional Economic Communities, which are to encourage ratification and appoint focal points to follow implementation.

Under Article 49, each state party must report to the Commission every two years on the legislative and other measures it has taken. The Commission then prepares a summary report for the AU Assembly, through the Executive Council, and the Assembly is to take measures on the issues raised. Under Article 46, the Assembly and the Peace and Security Council decide what measures to impose on a state party that violates the Charter.