Reflecting on 25 years of the AU Constitutive Act: Unconstitutional changes of government

Abstract

This essay is a write-up of the oral reflections by Donald Deya on 25 years of the Constitutive Act of the African Union (AU), interrogating its achievements, limitations, and the reforms necessary to revitalise continental governance. It delineates a broad historical and normative trajectory, from the transition from the Organisation of African Unity (OAU) to the AU, to the development of the norms, institutions, and practices governing unconstitutional changes of government. This essay argues that the AU’s credibility has been steadily eroded by inconsistent implementation of its own standards. The AU has made significant progress in norm-setting and institutional design. This has included the adoption of the African Charter on Democracy, Elections and Governance (ACDEG) and the establishment of the AU Peace and Security Council. However, it has struggled to address constitutional manipulation by incumbents with the same vigour applied to military coups. As global democratic recession and weakened continental institutions intensify political instability, the essay calls for a repoliticised AU and procedural reforms that enable early and principled intervention. Ultimately, it argues that addressing both military and civilian coups with consistency and courage is essential if the AU is to reclaim moral authority and advance democratic governance on the continent.