FeaturesWhy do coups d’état happen?
Is it that bad leadership pushes people to their boiling points, compelling them to take matters into their own hands?
Or is it a lack of adequate preventative laws?
Do external factors play a role?
And in Africa specifically, how much of an impact does history tend to have?
Moreover, if democracy is built on the will of the people, and the people decide to kick out a government and are happy with this choice, do other countries have any right to interfere in the internal affairs of that country?
These are all difficult questions with complex answers. In pursuit of answers, we will consider three case studies: Niger, Ganon, and Mali.
Civil Unrest and the African Charter
Before we start our analysis, we shall first look into the African Charter on Democracy, Elections, and Governance (ACDEG) to gain a general understanding of the legality of coups in Africa.
Article 3 of ACDEG condemns and rejects unconstitutional changes of government. Article 14 of the same Charter stipulates that State Parties shall strengthen and institutionalize constitutional civilian control over their armed and security forces to ensure the consolidation of democracy and constitutional order. The ACDEG even has a full chapter (Chapter 8) dedicated to the imposition of sanctions in the event of unconstitutional changes of government. Article 23, which is found in Chapter 8 describes as illegal any putsch or coup d’état against a democratically elected government, as well as any replacement of a democratically elected government by armed dissidents or rebels are illegal.
But regardless of these many provisions, coups still occur. In fact, the three countries we shall be focusing on were all members of the African Union (AU) when this Charter was conceptualized. So why exactly did the militaries of these countries overthrow their governments?
Case Study 1: Niger
When one looks at Niger, we see a country rich in minerals and despite this, the country is still one of the poorest countries not only in Africa but in the whole world. Yearly the country exports uranium to France but has little to show in terms of development. The country is also plagued with insecurity especially at the borders due to the presence of militant groups such as Boko Haram. Additionally, Niger is a country that has managed to experience five successful coups since it got independence from France in 1960 and lest we forget, there were still other unsuccessful coups that took place in between the successful ones. It is honestly quite shocking that a country could have undergone 5 different coups. It raises various questions such as what exactly have regional bodies such as AU and Economic Community of West African States (ECOWAS) done to prevent these coups? After all, it is not only Niger that has a history of coups in the Sahel region, others countries in the region such as Burkina Faso have had 2 coups in 2022. This is clearly an issue and yet there has been little done by the regional bodies to prevent it. Moreover, despite the sheer number of times that coups have taken place in Niger, their Constitution does not discuss on the issue of coups. Which is also another issue that is quite surprising especially if you consider the fact that all the coups in the region have been orchestrated by the military. It is therefore very important for them to have laws that will help guide the nation when it comes to resolving coup-related issues. In addition to all this, another important question that we must all ask ourselves is: what is the people’s perception of democracy? Do they honestly keep choosing bad leaders that there is no choice but to unconstitutionally remove these leaders or are the leaders they keep choosing wolves in sheep clothing?
As stated, earlier Niger is constantly plagues with insecurity issues due to the various militia groups. Thousands of people have died as well as been displaced in the past decade due to these militia groups. It is therefore necessary for any president who comes into power in Niger to have a proper plan on how to handle this issue, of which, the senior officers of the Niger army who came together to form a group called the National Council for the Safeguarding of the Homeland (CNSP) claimed Bazoum lacked. The leaders of CNSP based their reason for the coup on the fact that insecurity has continued to rise as well as a lack of economic growth.
In terms of economic growth, we had already stated that Niger exports uranium to France. However, despite this, their economy is still poor, in fact most areas still lack electricity despite the presence of uranium in their country. Additionally, over the years, the world has been able to hear of cases of negligence when it comes to the manner in which France handle the uranium mines in Niger. This was seen in 2021, when the French Nuclear company, Orano, shut down the Cominak mines near the northern town of Arlit. The closure of the mines left the locals to deal with 20 million tonnes of radioactive waste which has been exposed to not only the air but also groundwater thus endangering close to 100,000 lives. Cases like this makes one understand why the anti-French sentiments have been quickly growing in the Sahel region. After all, the French company created a mess and left the innocent people of Niger residing near the Cominak mines to handle it. Furthermore, even trading with them is barely helping the country.
Another issue that might have caused the coup, although not confirmed, is the fact that there were rumors that Bazoum was planning on firing General Abdourahamane Tchiani, the leader of the coup. If indeed true, then it is not impossible that coup might have just been orchestrated due to one’s personal selfish goals. It is honestly, quite a tricky situation, after all, after the coup took place, many Nigerians could be seen celebrating the coup, sure there were some against it but majority were for it. Nobody knows what the future holds for them, the country can either finally grow from this or the trend of bad leadership will continue which will eventually lead to another coup.
Case Study 2: Mali
The second country will be dealing with is Mali. Mali, a country rich in minerals has had 2 successful coups in in the period between 2020 and 2021 when the military junta overthrew the government both times. The second coup in 2021 took place nine months after the coup in 2020. Furthermore, there was also an attempted coup in 2022 but was unsuccessful. Mali is another nation found in the Sahel region has also managed to have four successful coups. AU and ECOWAS have truly failed these nations in terms of resolving the issue of poor governance. Since the 1990’s the people of Mali have had had multiple protests due to bad leadership. Even before the coup in 2020 the people had months of peaceful protests and yet none of these bodies did anything substantial to help. It is no wonder coups are so common in the region. The people have been left alone by the organizations meant to protect them and with little options at their disposal have opted to support the numerous coups that have taken place. Ironically, the Malian people have shown their support for the coups despite the fact that article 121 of their Constitution states that any coup d’état or putsch is a crime against the Malian people.
Some of the reasons behind the coup in 2020 was due to the government’s failure to resolve conflict, respect democratic norms and provide basic services to the people. These reasons combined with the issue of instability that had plagued the country for 8 years due to the presence of militia groups was final push before the people including the military finally got fed up and demanded the resignation of Keita, disbandment of the National Assembly as well as the Constitutional Court. In 2021 the coup took place after President Bah Ndaw announced his new Cabinet that had excluded two key military leaders while in 2022, a group attempted to overthrow Colonel Assimi Goita, the leader of both the coups in 2020 and 2021. In 2021, it is not so far fetched to assume that coup might have taken place due to the military’s interests being at stake.
As it stands, Mali has practically been under the junta rule since 2020 and despite its economy showing resilience despite the economic sanctions and the climate changes, it still remains one of the poorest countries in the world. It has been three years since the coup and the junta have little to shown in terms of the country’s development. The country is set to have a general election in 2024 after much external pressure. However, even if the elections take place, there is still a chance that those in power might still retain it due to Constitutional amendments that were passed this year through a referendum. Some of the changes revolve around the powers of the president which include giving the president power to determine the policies of the nation which was a role reserved for the government under the country current Constitution. The president will have the power to fire Cabinet members and the government will be answerable to him instead of the parliament. There is also the fact that their Constitution will now provide amnesty to those behind prior coups thus enabling them to run for government positions as well. Truly the line between good and evil runs through the heart of every man. What started as an endeavor to create a better life for the Malian people has now been tarnished by the greed of man. It is due to this reason that so many people are against coups due to the devastating impacts it can have on the democracy of a nation.
One common denominator that is important to highlight, is that both Mali and Niger have only had one democratic transfer of leadership since independence. All their leaders have either been forced out by the people or by military force. It is very shocking to see how little focus was given on the leadership in these respective countries. Going forward, if Africans truly want to help these countries, apart from aiding in the insecurity issue the democratic state of these countries needs to be properly discussed and a means of improving it has to be formulated.
Case Study 3: Gabon
Gabon on August 26 held a general election. Four days during a nighttime curfew and amid internet shutdown official results were revealed on public television on 30 August 2023. According to the results Ali Bongo, who has been in power since the passing of his father in 2009, secured a third term with 64.3% of the vote. However, allegations of fraud were rife even before the results were announced, a similar trend that reared its head in previous elections. However, minutes after the announcement of the results, the Gabonese military staged a coup and assumed control. Notably despite being a stable autocracy, in 2019 there had been a failed coup attempt.
Notably, despite protest from Gabon’s opposition, Alternance 2023, for its candidate to be recognised as the winner of the weekend elections after accusing the former president Bongo of election “fraud” and calling on the international community to encourage the junta to hand power back to civilians ,Gabon’s military junta, the Committee for the Transition and Restoration of Institutions, declared its intention to form a transitional government, with its leader. As a result General Brice Clotaire Oligui Nguema, was sworn in as president on 4 September. The duration of this transition has not yet been determined which is quite alarming. Notably, this is a similar position that was taken by CNSP in Niger which also initiated a coup earlier in the year.
It is worth noting that Former president of Gabon, Ali Bongo, had served two consecutive seven-year terms, and was running for a third time as there are no term limits in Gabon , so if Bongo kept winning elections, he could have been president for life like his father. Bongo was the candidate for the ruling Gabonese Democratic Party (PDG), the party founded by his father, Omar Bongo, who ruled for 41 years from 1967 to 2009. After his death, his son, then the defence minister, took his place as president and has ruled ever since. As a result, there were those who felt that the people of Gabon were finally free from the Bongo dynasty whose reign has been fraught with corruption, nepotism, rampart abuse of office, disregard for the law and constant disregard of the will of the people, however, the respite may be a short-lived dream. This is because Nguema is reportedly Bongo’s cousin. Apparently Nguema was the personal assistant to the late President Omar Bongo, and held a position of influence within Gabon’s ruling circles. But when his son Ali Bongo took over after his father’s death in 2009, Nguema was quickly displaced.
Interestingly enough, although celebrations broke out in the streets of Libreville, Gabon’s capital, and other towns across the country, no such support was to be found from the international community. Condemnation came from the EU and several of its member states, starting with France, and the Commonwealth. The UK, Canada, USA, China, and Nigeria just to name a few. There was condemnation from United Nations’ Secretary-General António Guterres, the African Union, suspended Gabon until constitutional order is restored, as did the Economic Community of Central African States, headquartered in Libreville. Both the African Union and Economic Community of Central African States have suspended Gabon as a result.
Lessons Learned Amid the Resurgence of the Coup
Historically, military coups were a common phenomenon in certain African regions during the decades following independence. Following a period of comparatively stable democratic efforts, there are now signs that they may be resurfacing. Gabon join Mali, Guinea, Sudan, Burkina Faso and Niger among African countries that have undergone coups in the last three years. Worth noting in all these countries the Military after spearheading an intervention in the name of ‘corrective’ and ‘temporary’ measures are yet to step down from power.
If the above trend continues, the question to ask is whether democracy in Africa is in fact in trouble, or if the preference for military rule is not a matter of choice, but rather a phenomenon motivated by a lack of viable alternatives. In all these nations where coups by the military have found support on the ground there is a common sense of disappointment and disillusionment with democracy for a number of reasons.
- If we look at Gabon as an example, corruption was rampant with the Bongo family leading the way. In fact the Bongo family has been involved in a series of major scandals, including most recently, the July 2022 indictment of five of the president’s siblings in a French investigation of embezzlement and laundering of public funds. in 2022, Transparency International ranked Gabon 124th out of 180 countries on its Corruption Perceptions Index.
- Despite Gabon being endowed with rich natural resources, including timber, manganese, and natural gas. It is also rich in crude oil with oil reserves estimated in 2011 at 3.7 billion barrels, the seventh-largest volume of reserves in Africa, and with oil fields covering 253,557 square kilometres, more than three-quarters of which are offshore, yet a third of Gabon’s 2.5 million people live in poverty, and lacking basic social services.
- There is the issue of international influence like that wielded by nations like France in Gabon and Niger, and its former colonies. This influence has shown to be detrimental to the people of these nations. It has consistently proven to be one focused on perpetuating its own interests and influencing the politics of the day for its own purposes while turning a blind eye to the negative effects impacts it has on the day to day lives of the people of these nations. Example, in recent coups in Niger and Guinea, overt displays of anti-French sentiments have been broadcast to the world. There have been protests by ordinary people against perceived French neo-colonial tendencies that have emerged. In fact, military leaders have perpetuated these sentiments to justify their actions which are cited as a phase of African decolonisation. However , it is not just France; other nations have increased their economic and strategic footprints on the continent, such as the US, Turkey, United Arab Emirates, to China, India and Russia, and this has influenced some to call it as the modern scramble for Africa.
- If you live in Gabon you may fail to see the wonder and power of “democracy” especially if the constitution which is the very tool that is meant to protect and facilitate democracy is instead weaponised to instead protect the interest of a few at the expense of the people it is supposed to protect. The 1990s marked a new era in Gabon’s political development with the adoption of a new constitution on 26 March 1991. This constitutional change followed Gabon’s 1990 National Conference and aimed to establish a liberal, multi-party democratic regime with institutional checks and balances. The primary objective was to hold those in political power accountable through legal regulations and constraints. Further, to give back power back to the people of Gabon through safeguarding or instituting democracy. Nonetheless, since Bongo came into power, there have been several controversial amendments to the constitution with the main purpose of solidifying the president’s rule over the nation.
These amendments sought to weaken the original constitutional safeguards designed to prevent a return to the old authoritarian order led by President Bongo’s father who served as president for over 40 years. The changes appear to be an attack on democracy and a deliberate undermining of the achievements made in 1991. Notably, these modifications often happen when elections are close and target presidential provisions, including the abolition of presidential term limits in 2003. Hence allowing for an indefinite renewal of the presidential term of office. The latest Constitutional amendments on 6 April 2023 harmonizes the election date and duration of all political mandates to five years (President of the Republic, senators, deputies and local elected officials), and removes term limits for all political offices, and adopts single-round voting for all political elections. It is evident that the Constitutional revision is not driven by constitutional advancement but to instead preserve political power.
At the heart of democracy is the idea that the people of a nation feel not only seen, but heard, and that what they have to say matters and has impact.
Hence, it is not just having a say in the picking of a leader but it is in how their state is run and potential positive impact on their daily lives. Nations like the three we have focused on have heard all the promises about democracy but have failed to see it materialise, and this disillusionment may be the reason why the coups were received with street celebrations and expressions of relief from citizens of the respective three countries, and so it should not be automatically assumed that there is now a new preference for military rule.
It may be more a desperate attempt to cling onto the only option that seems available.
Aynsley Genga is JURIST’s Chief of Staff for Correspondents She is a third-year student at the University of Nairobi School of Law (KE).
Dr. Shirley A. Genga is a law lecturer at Jomo Kenyatta University of Agriculture and Technology in Juja, Kenya. She is a human rights researcher and worked in the media as a features writer for more than ten years.
