Date: 9 November 2024
Authors: George Lmangeyan.
Country: Kenya
SUMMARY
This article reflect a broader trend in Africa, where term limits are frequently challenged by incumbents. Constitutional amendments in favour of extending presidential terms have raised concerns among African civil society and international observers about the erosion of democratic standards, leaders often citing stability and continuity as justifications for the same. In many cases, these changes have led to political unrest and have posed significant challenges for democratic governance across the continent.
BACKGROUND
Introduction
In Africa, the issue of term extensions has become a significant concern, as many leaders seek to stay in power beyond their original mandates by amending or bypassing constitutional term limits. This trend reflects a broader challenge to democratic stability across the continent, where, despite progress toward democratic governance in recent decades, some leaders have used their influence to alter legal frameworks, allowing them to remain in office.
Constitutional changes aimed at extending presidential terms have become increasingly common in African nations, where over a dozen countries have witnessed amendments to allow leaders to remain in power beyond their term. Notable examples include Rwanda, Uganda, and Ivory Coast, where leaders have removed or amended term limits to maintain control.
While proponents of these extensions often argue that continuity is necessary for stability and economic development, critics warn that such changes undermine democratic principles and accountability, leading to power imbalances, weakened institutions, and limited political diversity.
Term limits in democratic systems are designed to prevent the concentration of power in one individual or party, ensuring a healthy rotation of leadership and preserving a system of checks and balances. By limiting the time a leader can serve, term limits encourage fresh perspectives, allow for accountability, and reduce the risk of corruption that may arise from prolonged authority.
Term extensions disrupt democratic principles by undermining this rotation and potentially entrenching leaders in power beyond the period for which they were elected. Such extensions can lead to authoritarianism, weaken institutions, and hinder democratic processes by restricting voters' choices. This erodes trust in the system, as leaders may use their extended power to limit opposition, manipulate legal frameworks, or influence public resources, ultimately compromising democratic integrity.
Reasons for Extending Terms
Foreign Influence and Strategic Alliances: while foreign influence and strategic alliances can contribute to economic development and stability, they can also undermine democracy by allowing leaders to manipulate constitutional rules for personal gain with minimal external scrutiny. Strengthening democratic norms requires greater alignment between external support and the promotion of democratic values, ensuring not to perpetuate authoritarian rule by foreign assistance.
Personal Power and Security: Leaders often seek extended terms to maintain their influence and security. Many leaders fear losing control or facing prosecution in case of loosing the power, as the former Sudanese President Omar al-Bashir extended his rule through successive amendments until his ouster in 2019.
In Uganda, President Yoweri Museveni has held office since 1986, benefiting from a series of amendments that eliminated term and age limits, allowing him to extend his rule.
National Stability: Leaders frequently argue that their continued leadership is necessary to maintain stability, particularly in countries facing ongoing conflicts or economic issues. Rwanda’s President Paul Kagame, for instance, justified his extended tenure by citing the need for stable leadership after the 1994 genocide. Although popular, his rule has been criticized for limiting political freedoms and restricting opposition
Incompletion of Development Projects: Many leaders claim they need more time to complete development projects or economic reforms. This justification was used by former Burundian President Pierre Nkurunziza, who pushed for a third term in 2015, citing ongoing infrastructure projects. This move led to widespread protests, highlighting how development narratives are sometimes employed to sidestep democratic principles.
Weak Institutional Oversight: In countries with weak judicial and legislative checks, it is easier for leaders to manipulate term limits. For example, Tunisia’s President Kais Saïed has centralized power by dissolving the parliament and judiciary, framing his actions as necessary to combat corruption and inefficiency. His critics argue that such actions undermine the democratic system and concentrate power excessively in the executive.
Implications on democracy, governance, and the rule of law in African States
Extending presidential terms through constitutional amendments can have adverse implications for democracy, governance, and the rule of law. Here are some of the key impacts:
Democracy
Erosion of Democratic Norms: Extending presidential terms can undermine democratic principles by concentrating power in one leader or party. It may erode checks and balances, weakening institutions designed to keep executive power in check.
Disenfranchisement of Youth and Emerging Leaders: Extended presidencies hinder opportunities for younger generations to participate in leadership roles, stifling new ideas and progress.
Reduction in Political Pluralism: Extending terms can limit opportunities for alternative leaders and parties to emerge, reducing political competition and diversity. This can lead to a dominant-party system or even a de facto one-party state, limiting citizen's choice.
Influence on other Leaders and Regional Precedent: Leaders in other nations may follow suit, creating a domino effect that challenges democratic progress across the continent.
Voter Disillusionment: Voters may lose trust in the democratic process if they see leaders manipulating the constitution for personal gain. This disillusionment can lead to apathy, lower voter turnout, and a weakened sense of civic duty.
Governance
Increased Risk of Corruption: Longer terms may encourage leaders to adopt short-sighted or self-serving policies, having fewer checks from political rivals. This can increase the potential for corruption and mismanagement.
Policy Continuity vs. Stagnation: While extended terms can offer continuity in policies, there is a risk of stagnation as well. Leaders without term limits might lack the urgency to pursue innovative policies, becoming complacent or resistant to needed reforms.
Bureaucratic Compliance and Loyalty: Over time, civil servants and the judiciary may align more closely with the executive to secure their positions, eroding their neutrality and independence. This can lead to politicization within institutions meant to uphold governance standards.
Rule of Law
Potential for Authoritarianism: Prolonged power for a single leader can lead to authoritarian practices, where the president exerts control over all state functions. The longer a president stays in power, the democratic institutions and the rule of law will be weakened to maintain their control in most of the cases.
Weakening of Judicial Independence: Extended presidential terms can encourage the executive to appoint judges loyal to them, threatening the judiciary’s independence. This undermines the rule of law by making judicial decisions more favourable to the government.
Normalization of Constitutional Manipulation: Extending terms via amendments can set a precedent for further constitutional changes that may prioritize the executive’s needs over the rule of law. This creates a slippery slope, where rules are rewritten to serve those in power.
Recommendations
Strengthening democratic institutions in Africa requires a multifaceted approach that addresses the root causes of political instability, weak governance, and the erosion of democratic principles. Here are some key recommendations:
Enforce Constitutional Term Limits: Ensure that constitutional term limits are respected and upheld, discouraging leaders from amending the constitution for personal gain. Independent judicial bodies should be empowered to safeguard these provisions, and civil society organizations should remain vigilant in advocating for the enforcement of term limits.
Promote Electoral Integrity: Strengthen electoral processes by ensuring they are free, fair, and transparent. This includes improving the independence of electoral commissions, providing voter education, ensuring effective monitoring and oversight, and reducing political interference in election management.
Enhance Rule of Law and Judicial Independence: Strengthen the independence of the judiciary to ensure that it can function without fear or favour. This includes promoting fair and impartial judicial processes, combating corruption within the legal system, and ensuring the courts ability to hold leaders accountable.
Foster Political Pluralism: Encourage the development of strong, inclusive political parties and movements that represent diverse interests and foster a competitive political environment. This could be supported by laws that ensure free and fair participation for opposition groups, protecting the rights of citizens to organize and vote freely.
Strengthen Civil Society and Media: A vibrant civil society and independent media play a crucial role in holding governments accountable. Support the growth of civil society organizations and media outlets that promote transparency, human rights, and good governance, while protecting them from harassment or censorship.
Promote Good Governance and Anti-Corruption Measures: Build institutional frameworks that promote transparency, accountability, and anti-corruption efforts within both public and private sectors. Establish independent anti-corruption agencies with the power to investigate and prosecute corruption at all levels of government.
Ensure Accountability and Political Transparency: Strengthen mechanisms for holding political leaders accountable for their actions, including robust public financial management systems, effective auditing bodies, and clear policies on public procurement. Transparent governmental operations and decision-making processes will build trust within the public.
Civic Education and Engagement: Invest in widespread civic education programs that help citizens understand their rights, responsibilities, and the functioning of democratic systems. Empower voters to actively participate in political processes and make informed decisions during elections.
Strengthen Regional and Continental Cooperation: Regional organizations like the African Union (AU) and regional economic communities (RECs) should play a more active role in monitoring and promoting democratic practices across the continent. These organizations can provide diplomatic pressure and intervention when democratic backsliding occurs, as well as offer support for institutional development.
Support Youth and Women's Political Participation: Encourage greater involvement of youth and women in the political process by implementing policies that address barriers to their participation. This includes promoting gender equality, reducing economic barriers, and creating political spaces where young people and women can contribute to decision-making.
Conclusion
Some African leaders extend their tenure beyond the designated terms due to a mix of personal ambition, claims of national stability, and weak institutional checks, which have led to significant implications for democracy in the region.
Together, African leaders, citizens, and international partners must create an environment where democracy is not only a set of legal structures but a shared value. Leaders must uphold constitutional provisions, citizens must actively engage and demand accountability, and international partners must support democratic development while holding governments accountable when necessary.
This collective responsibility ensures that term limits and constitutional respect are not merely formalities but fundamental pillars that uphold the integrity of democratic systems. Through shared commitment and mutual accountability, Africa can build stronger democratic institutions, ensuring that power remains in the hands of the people, where it belongs, and that future generations inherit stable, just, and thriving democratic societies.
REFERENCES
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