MDF Brigadier General Kuwali delivering his keynote address at the AU
* African governments should strengthen security sector governance by promoting civil-military relations, professionalism in the security sector, and democratic control over the armed forces
* We should also strengthen diagonal accountability by the civil society where African citizens should be empowered to reject unconstitutional changes of government as was the case in Sudan in 2022
By Duncan Mlanjira
While there cannot be a one-size-fits-all explanation for the proliferation of coups in Africa, their causal factors include illiteracy & poverty, especially for vulnerable and marginalised populations; insecurity and poor governance — through endemic corruption and economic mismanagement, infrastructural deficit, poor socio- economic systems & institutions, and frustrated youths.
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This was emphasised by Malawi Defence Force (MDF) Brigadier General, Prof. Dan Kuwali in his keynote address at the 10th Forum of the African Union Commission on International Law (AUCIL) in Addis Ababa, Ethiopia on May 20.
He added that to prevent coups, “African governments should strengthen security sector governance by promoting civil-military relations, professionalism in the security sector, and democratic control over the armed forces”.
“We should also strengthen diagonal accountability by the civil society where African citizens should be empowered to reject unconstitutional changes of government as was the case in Sudan in 2022, and political leaders should commit to democratic processes anchored on the will and agency of the people as well as implementation of inclusive institutions of governance.”
In a report by Institute Security Studies (ISS) on a case study on Burkina Faso’s progress and problems after two years of transition from the two coups done in 2022, and leaders of both coups “cited insecurity and various forms of misgovernance as reasons for their military takeovers”.
Transitional Burkina Faso leader Captain Ibrahim Traoré
“Both promised to restore constitutional order by June 2024, as agreed in the Economic Community of West African States (ECOWAS)-coordinated transitional framework.”
However, the ISS notes that the country withdrew from Burkina Faso ECOWAS agreement, saying this “is a major setback for an already difficult transition from coup state to constitutional rule”.
“Captain Ibrahim Traoré, who led the second coup and is the country’s interim president, committed to fighting terrorism and respecting ECOWAS’ transition timetable — but Burkina Faso, along with neighbours Mali and Niger (countries that also experienced coups in the past few years), have given notice of their immediate withdrawal from ECOWAS.
“That decision adds to doubts about Burkina Faso’s ability to meet its transition deadlines.”
The African Report said of Traoré that “protected by his Russian allies and convinced that he has been invested with a mission” the interim leader “is a messianic figure for his supporters, and a paranoid autocrat for his detractors”.
“To both, the self-proclaimed president remains an enigma. Ibrahim Traoré has changed. He’s become more confident. The military fatigues he wears are no longer earth-toned, but an immaculate white.
“No longer the young captain so few knew before the coup of 30 September 2022, he is now the world’s youngest head of state — and although he has no legitimacy other than that bestowed by weapons, he demands deference.”
ISS Today reports that Traoré’s third goal was of rebuilding the state and improving governance, in which he has passed important new legislation “targeting clientelism and political patronage in the public service”.
“Anti-corruption efforts led to the arrest of Vincent Dabilgou, former transport minister, and four others who received 11-year prison sentences for embezzlement and money laundering.
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“But overall, progress on implementing reforms and combating corruption has been slow, raising doubts about the government’s commitment to this objective.”
ISS also notes that despite these initiatives, “security in Burkina Faso has worsened” — quoting the African Center for Strategic Studies, that “deaths caused by militant Islamist violence have nearly tripled compared to the 18 months before the January 2022 coup, and violence has increased by 46%.
“This trend, combined with the spread of extremist activities around Ouagadougou, places Burkina Faso on the brink of collapse,” says ISS.
Last Sunday, the army for Democratic Republic of the Congo (DRC) foiled a coup attempt on its President Felix Tshisekedi, whose leader Christian Malanga was killed while around 50 people were arrested, including three American citizens.
African News reported that gunfire erupted around 4am on that day in the capital Kinshasa as gunmen attacked the presidency in the city centre.
It also reported that early on Sunday, Malanga — a 41-year-old Congolese from the diaspora and a former soldier by training — posted a live video of the interior of the presidential palace on a Facebook account that appeared to belong to him.
Surrounded by armed men, Malanga — lived in the United States for a long time before standing for election as a member of the opposition in the 2011 legislative elections in the DRC — threatened Congolese President Félix Tshisekedi.
Malanga was also arrested before the elections for being openly anti-Joseph Kabila — DRC’s former leader.
Taking cognizance of the coup’s, Brigadier General Kuwali spoke to the AUCIL in Addis Ababa that “many countries today still face difficult governance questions that leads to discontentment by the citizenry.
He said: “Africa has seen a renewed quest for accountable governance expressed itself in the streets, popular culture, the Internet, and social media. These youth-led popular protests have demonstrated against social injustice, fraudulent elections, grand corruption, and insecurity, demanding inclusion to participate in governance and a life of dignity as equal citizens.
“As a result, African states should address youth socioeconomic exclusion and create conditions that support the five fundamental transitions for youth well-being, namely: education, employment, new lifestyle, family formation, and exercising citizenship.”
He also alluded that governments should counter terrorism and cybercrimes without infringing on individuals’ right to privacy, asking the question; “how can security agencies strike a balance between confidentiality or secrecy and the citizens’ right of access to information?
“Another is; how can we ensure parliamentary oversight of the defence and security organs in view of the lack of technical capacity of parliamentarians in this specialised sector?
“However, the tragedy of Africa is not the paucity of laws nor the absence of lawyers but rather enforcement of the rule of law. Although the AU has prohibited unconstitutional changes of governments, its response to recent coups reflects a waning resolve to enforce anti-coup norms, which is one of its foundational principles, complete with sanctions against errant putschists.”
He delivered the keynote speech before the AU delegates led by AUCIL chairperson, Professor Kevin Ndjimba; vice-chairperson, Dr Bélibi Sébastien DAILA, AU legal counsel, Professor Hajer Gueldich, UELDICH, representative of the AU Ambassador Commission, Tordeta Ratebaye, amongst other distinguished participants.
Brigadier General Kuwali is the Commandant of Malawi’s National Defence College and former MDF Chief of Legal Services & Judge Advocate General.
He is also Professor of International Law and International Relations at the University of Pretoria and an Affiliated Professor at the Raoul Wallenberg Institute of Human Rights and Humanitarian Law, Lund University.
He is also an author and his publications include:
The Palgrave Handbook of Sustainable Peace and Security in Africa(2022);
By All Means Necessary: Protecting Civilians and Preventing Atrocities in Africa (2017);
Africa and the Responsibility to Protect: Article 4(h) of the African Union (2016); and scores of other peer-reviewed monographs, book chapters, and articles and blogs.
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