Let's ponder on this

His Majesty King Mswati III’s denouncement of coups and unconstitutional changes of governments is not an expression of his personal opinion or political conviction. I have a duty to educate our people.

As a matter of fact, the King’s statement on this issue is a reaffirmation of the ideals of the African Union (AU) and the United Nations (UN).

USA President Donald Trump emphasised peace in his speech during the ongoing 80^th UN Assembly.

It must be remembered that the two important entities endorsed declarations that do not only condemn unconstitutional changes of governments, but also bind countries together in rejecting governments set up in violation of the national constitutions.

When the King made his address during the AU’s Observatory Mission gathering on the sidelines of the UN Security Council, he was not just expressing a personal opinion or political conviction as social media wants us to believe, but a global resolution that AU and UN shall not recognise unconstitutional governments.

AU member States resolved in one accord to reject unconstitutional changes of governments and financing of coups.

They even called for the prosecution of individuals associated with terrorist activities in Africa. Countries, not just His Majesty the King, vowed to impose travel bans and sanctions on persons and organisations involved in undemocratic processes such as dethroning constitutionally assembled government leaders.

During the AU Extraordinary Summit held in Malabo, Equatorial Guinea, Africa adopted the African Union (AU) Reflection Forum held in Accra, Ghana, on March 15-17, 2022, in which they warned all those who finance coups, foreign fighters and mercenaries in member States that their ‘nefarious actions would not be tolerated.’

Eswatini is a member of the AU. The King was correct in his wisdom to remind both AU and UN of the declarations that they signed to restore global peace. Former Prime Minister Cleopas Sipho Dlamini represented His Majesty King Mswati III at the extraordinary summit on terrorism and unconstitutional changes of governments held at Sipopo International Conference Centre in Malabo, Equatorial Guinea.

Among other issues discussed there, the AU Assembly considered and adopted the recommendations in the Accra Declaration on Unconstitutional Changes of Government in Africa emanating from the AU Reflection Forum, held on March 15-17, 2022, in Accra, Ghana.

The first recommendation in the Accra Declaration states that AU member States shall continue to strongly condemn all forms of unconstitutional changes of governments in Africa, coup perpetrators and manipulation of democratic processes to effect constitutional amendments.

They condemned all forms of revisions for entrenching power of the incumbent in violation of national democratic principles and stipulated rules and procedures for constitutional amendment. The AU urged all those interested parties to address political concerns through available national legal mechanism with a view to finding solutions in a constructive, peaceful and constitutionally acceptable manner.

They emphasised that unconstitutional changes of governments, in any circumstances, should not be entertained or justified. Recommendation No. 8 states that the AU member States strongly reject any form of internal or external interference on peace and security in Africa.

African countries warned those who finance coups, foreign fighters and mercenaries that their nefarious actions would not be tolerated.

Member States were encouraged to address peace and security challenges through mutual support within the continent as well as advancing the concept of African solutions to African problems.

In this regard, they called for the full operationalisation and deployment of the African Standby Force (ASF) to effectively undertake its mandate.

I must mention that the Constitutive Act gives the AU the right to intervene in a member State in grave circumstances such as war crimes, genocide and crimes against humanity. The ASF is composed of multidimensional capabilities, including military, police and civilian, on standby in their countries of origin and ready for rapid deployment.

It is important that we always provide evidence to substantiate our conversations and standpoints. I have found the declaration on unconstitutional changes of government in Africa.

Reads the declaration: “We, the representatives of the African Union (AU) member States, members of the Peace and Security Council (PSC) of the AU, AU Organs/institutions and the Regional Economic Communities (REM) and Regional Mechanisms for Conflict Prevention, Management and Resolution (RECs/RMs), as well as the representatives of African Civil Society Organisations (CSOs); academia, professional bodies, youth and women groups and other stakeholders,  having met in Accra, Ghana from March 15-17, 2022, to address the resurgence of unconstitutional changes of government in Africa.”

Above is the preamble, which is concise and clear. Even civil society appended its signature to the declaration.

It further declares: “Note with appreciation the official opening of the Reflection Forum by H.E. Nana Addo Dankwa Akufo-Addo, President of the Republic of Ghana and Chairman of the ECOWAS Authority of Heads of State and Government and  emphasised on zero tolerance for the overthrow of constitutionally elected governments, including manipulation of constitutions by incumbents and all other forms of unconstitutional changes of government, as well as his advice that a stable period of constitutional government and proper management of the economy can lead to inclusive prosperity for Africa.”

Therefore, His Majesty King Mswati III’s statement is guided by the various instruments adopted by the Organisation of African Unity (OAU) and the AU to systematically and consistently address the unconstitutional changes of government.

The instruments include the following –

• Decisions AHG/Dec.141(XXXV) and AHG/Dec.142 (XXXV), adopted by the 35^th Ordinary Session of the OAU Assembly of Heads of State and Government, held in Algiers, Algeria, from July 12 – 14, 1999;
• The Declaration on the Framework for the OAU Response to Unconstitutional Changes of Government, adopted by the 36^th Ordinary Session of the OAU Assembly of Heads of State and Government, held in Lomé, Togo, from July 10-12, 2000 (referred as ‘the Lomé Declaration’);
• The Johannesburg Declaration on Silencing the Guns in Africa, adopted at the 14^th Extraordinary Session on December 6, 2020. AU Constitutive Act, which is the protocol relating to the establishment of the Peace and Security Council of the African Union;
• African Charter on Democracy, Elections and Governance;
• The African Charter on Human and Peoples’ Rights and other relevant AU human rights instruments;
• Common African Defence and Security Policy (CADSP);
• Conclusions of the Peace and Security Council Retreat held in Ezulwini, Eswatini, from December 17-19, 2009 [Ezulwini Framework for the Enhancement of the Implementation of Measures of the African Union in Situations of Unconstitutional Changes of Governments.

According to the declaration, the AU and RECs/RMs have made significant efforts in addressing unconstitutional changes of government on the continent through different measures. Diplomatically correct at that time of his address, His Majesty the King did not mention the punitive measures for sponsoring and facilitating unconstitutional changes of governments.

I must indicate that the punitive measures are documented. They include political and targeted financial sanctions, as well as travel bans.

We implore member States, as reflected in the declaration, to promote democracy and good governance, including through holding free, fair and transparent elections and upholding the term limits and their respective Constitutions.

It is stated in the resolution that despite these laudable efforts, over the past two decades, the continent is still experiencing an increase in the number of member States that manipulate democratic processes to modify and eliminate constitutional term limits, while others resist efforts to institute term limits in their Constitutions.

Of course, Africa still faces complex challenges, particularly gaps in governance and a convergence of vulnerabilities and security challenges such as –

• Terrorism and violent extremism;
• Surge of foreign fighters and mercenaries;
• Illicit circulation of arms/weapons;
• Corruption; illicit financial flows; transnational organised crimes, drug trafficking and psychotropic substances, human trafficking, siphoning of benefits from natural resources away from the population;
• Manipulation of government accountability mechanisms; foreign political and military interference;
• Electoral fraud; outbreaks of epidemics and pandemics.

As Africans, we agreed that we have to respond to these challenges mentioned above. We felt it was going to be wise and critical to ensure political commitment and active engagement of all member States and citizens from the grassroots level, including taking all necessary measures to strengthen AU’s common positions on peace and security issues.

This will consider the importance of addressing people’s legitimate concerns to ensure that root causes are addressed as a means to prevent conflicts, including tackling the resurgence of unconstitutional changes of government.

Most importantly, it is mentioned in this very declaration that African countries must ‘continue to strongly condemn all forms of unconstitutional changes of government in Africa, coup perpetrators and manipulation of democratic processes to effect constitutional amendments or revisions for entrenching power of the incumbent in violation of the national democratic principles and stipulated rules and procedures for constitutional amendment.’

Rightfully so, interested parties are urged to address political concerns through the available national legal mechanisms with a view to finding solutions in a constructive, peaceful and constitutionally acceptable manner.

The King is guaranteed, supported and guided by the declaration to emphasise that unconstitutional changes of government, in any circumstances, should not be entertained or justified.

As we go around punching holes in the monarch’s speech, the Head of State is correct after all, very correct. Parties that overthrow legitimate governments must be taken to task. The African army must unite and deal with them.

His Majesty King Mswati III’s denouncement of coups and unconstitutional changes of governments is not an expression of his personal opinion or political conviction. (Pic: File)