The Role of the Regional Economic Communities and their Strategies to Promote and Uphold Credible and Legitimate Electoral Processes in Africa

• Author: Tendai Mbanje
• DOI: 10.25159/2522-6800/8083
• Published date: 01 December 2021
• Date: 01 December 2021
• Pages: 1-26

Article

Southern African Public Law

https://doi.org/10.25159/2522-6800/8083

https://upjournals.co.za/index.php/SAPL

ISSN 2522-6800 (Online), 2219-6412 (Print)

Volume 36 | Number 1 | 2021 | #8083 | 26 pages

© Unisa Press 2021

The Role of the Regional Economic Communities

and their Strategies to Promote and Uphold Credible

and Legitimate Electoral Processes in Africa

Tendai Mbanje

https://orcid.org/0000-0002-5298-1803

Centre for Human Rights, University of Pretoria

u18037705@tuks.co.za

Abstract

Electoral malpractices in Africa are multifaceted, intertwined, and complex.

Most African countries have held regular elections, albeit often flawed and

contested. Elections have been contested because of structural problems within

States and elections have become highly competitive. The rise of authoritarian

democracies where most elections serve as a means of survival for African

leaders determined to remain in power has resulted in disputed elections. The

shrinking political spaces within States has led to a slide towards authoritarian

democracy. The capture and neutralisation of democracy-enhancing institutions

has caused vote-rigging, voter intimidation, and manipulation of vote results to

mention a few. The phenomena of third termism and increasing prospects of life

presidencies have been common causes of disputed elections. The use of

constitutional and soft coups to retain power has often resulted in contested

elections. These and many other structural issues have affected the credibility

and legitimacy of elections in Africa mostly. The Regional Economic

Communities (RECs) have assumed a role to address these challenges. They

have adopted legal instruments to promote democratic elections. They are

involved in observing elections (pre- and post-electoral audits), mediation,

political negotiations, and dialogues. In some cases, they have imposed

sanctions on States violating constitutional order to protect democracy within

States. This article discusses how the RECs have dealt with election disputes in

the past decades, and their strategies to promote and uphold credible and

legitimate electoral processes in their regions. This article concludes by

highlighting the challenges of electoral democracy within the RECs, and what

they could do better to promote credible and legitimate elections in their regions.

Keywords: elections; credibility; legitimacy; regional economic communities; Africa

Mbanje

2

Introduction

Disputed elections in Africa threaten electoral democracy and constitutionalism on the

continent.

1

Consequently, it is important that elections are handled in accordance with

the law. It is also imperative that all contestants to the electoral processes are satisfied

with the outcome of an election. Over the years, elections have become central to the

advancement of democratic, progressive, and inclusive societies in Africa.

2

They

provide means to economic growth and development

3

and contribute to peacebuilding

by conferring authority and legitimacy on leaders.

4

They promote citizens’ participation

and inclusion in governance, among others.

5

Regular and credible elections are thus,

essential to the democratisation process in Africa.

6

Credible and legitimate electoral

processes have been recognised by various global, regional, sub-regional, and national

entities and infrastructures as critical for sustainable development and peacebuilding.

7

This article deliberates the problem of electoral democracy within the Regional

Economic Communities (RECs) of the African Union. In addition, the article will

discuss how the RECs have dealt with election disputes in the past decades and their

strategies to promote and uphold credible and legitimate electoral processes in their

regions. Finally, the article further underscores the challenges of the RECs, and what

they could do better to promote credible and legitimate elections in their regions. The

section below fleetingly explains what the RECs are prior to examining their roles and

strategies.

The Regional Economic Communities and their Purpose

RECs are voluntary regional groupings of African States. They have been established

separately and have different roles and structures. The purpose is to facilitate regional

economic integration between their members and through the wider African Economic

Community (AEC), which was established under the Abuja Treaty (1991). The 1980

Lagos Plan of Action for the Development of Africa and the Abuja Treaty proposed the

creation of RECs as the basis for wider African integration, with a view to regional and

eventual continental integration. Therefore, the RECs are comparable in their designs

and mandates, although each REC is context specific. The RECs have adopted

constitutive documents in their composition and organisation. These documents

1

Charles Fombad and Nico Steytler, Democracy, Elections and Constitutionalism in Africa (1st edn,

2021) Oxford University Press.

2

Global Commission on Elections, Report of the Global Commission on Elections, Democracy and

Security (International IDEA and the Kofi Annan Foundation, 2012).

3

International IDEA, Institute for Democracy and Electoral Assistance, ‘The Integrity of Elections: The

Role of Regional Organizations’ (2012) <https://www.idea.int/publications/catalogue/integrity-

elections-role-regional-organizations> accessed 2 June 2021.

4

ibid.

5

ibid.

6

Daniel Calingaert, ‘Election Rigging and How to Fight it’ (2006) 17 Journal of Democracy 138.

7

ibid.