An increasingly widespread desire for a third presidency

“ It is unfortunate that the Constitution, which is supposed to be the holy book of citizens, has become an electoral law. “. lamented the Ivorian historian Moriti Camara in 2020. A few weeks ago, on the eve of the August 7 national holiday, its president Alassane Ouattara took advantage of a traditional televised speech to announce his candidacy for a third term. “ I had informed the entire country of my desire not to apply and hand over to the new generation. I began organizing my exit, planning my post-presidential career, and resuming my foundation’s operations. “, announced the outgoing president. But his officially designated successor, former Prime Minister Amadou Khon Coulibaly, was plagued by heart complications, The Ivorian head of state went back on his word When answering ” In support of the appeal of (his) fellow-citizens (…) In the interests of the nation “. The decision caused a wave of panic among the population, deeply shaken by the 2010-2011 civil war and 3,000 deaths according to the UN, and which had already pitted Alassane Ouattara against his predecessor, Laurent Bagbou.

Based on a new constitution adopted in 2016, the Ivorian president justified his right to run for the top post again, with his supporters even going so far as to deny him exposure. Third term », his priority First term of the new republic “. The announcement quickly led to violence in Abidjan and across the country, causing hundreds of deaths and a serious political crisis. If a political dialogue can reduce tensions, it does not clearly address the question that a possible future reform might raise: Does an amendment or revision of the Basic Law reset the number of presidential decrees to zero? Answers , political rather than legal, is opposed according to the side one stands on.

In Guinea and the Central African Republic, outdated constitutions

Guarantee of the country’s peace and stability, supranational interest, appeal to the sovereign people… the arguments advanced by the heads of state to touch the Basic Law are generally the same. In Guinea, President Alba Conte justified the adoption of the new text, arguing that the old one in force in 2011 was created by an intermediary assembly, not by elected representatives: “ Guinea needs a new constitution because the current constitution is not good, everyone knows that. We were forced to make political agreements that violated the Constitution “, he had announced.

The former head of state also said he was satisfied with responding to the demands of the people who had mobilized for change. Compared to the camps against a constitutional amendment, the mobilizations followed much less. Dozens of protesters and hundreds of people died in prison before the September 2021 military coup.

Like his former counterpart, as he nears the end of his second term, Central African President Faustin-Archange Touadéra pointed to the outdated nature of the 2016 constitution: “ Since its promulgation, political currents and the majority of our people have found it inadequate, especially as it does not propose appropriate solutions to the causes of the ongoing military-political conflicts the country has been experiencing. “. Rarely, the Constitutional Court resisted any reform of the text. The conflict with power finally caught the president of the court, Daniel Darlan, who retired by presidential decree. The referendum is finally scheduled for July 30, 2023.

Azali Assoumani in Comoros in 2018, Denis Sassou Nguesso in Congo in 2015, Pierre Nkurunziza in Burundi in 2015… This list, rather than being exhaustive, refers to heads of state who have benefited from constitutional changes that ensure their maintenance in the country. order In 2015, a constitutional amendment in Rwanda authorized President Paul Kagame to remain in office until 2034! Each amendment helped avoid the deadlock of two approved decrees. As Paul Biya led Cameroon for over forty years, they did not simply blow it.

Attempts and failures

But not all presidents can pass a new basic text. In some countries, this effort has had the opposite effect. In 2014, Burkinabe State President Blaise Gambore, wanted to touch the clock on the 27-year rule, the constitution. Released by his own army, he was exiled after two days of popular uprising.

In DR Congo, sparking a political crisis punctuated by violence that continued after Joseph Kabila’s second term in office ended in late 2016. After three postponements of the presidential election, opponent Felix Tshisekedi succeeded him in 2019.

“ Good students “, however

There are also countries where the limitation of the number of mandates has entered into the political culture. These are the cases of Nigeria, Kenya, Benin and Niger.

Changing the constitution to stay in power is nothing new in Africa, but in more than a decade the practice has become commonplace across the continent. An amendment or revision of the Constitution always raises the same question: Does it reset the number of presidential terms to zero? The answers are more political than legal and vary wildly depending on which camp the arguments come from.

The one certainty all these states have in common: constitutional reform creates more tension than peace when weighing the presidency.