ECOWAS Protocol A/SP1/12/01 on Democracy and Good Governance Supplementary to the Protocol relating to the Mechanism For Conflict Prevention, Management, Resolution, Peacekeeping and Security
| Articles | Designation | Number of Cases | Details |
|---|---|---|---|
| Article 1 |
Shared constitutional principles
The following shall be declared as constitutional principles shared by all Member States: a) Separation of powers - the Executive, Legislative and Judiciary.…
|
4 | cases |
| Article 2 |
Modification of electoral laws, organisation of elections on the dates or at periods fixed by the constitution or the electoral laws, gender equality in participation in government
1. No substantial modification shall be made to the electoral laws in the last six (6) months before the elections, except with the consent of a majority of…
|
5 | cases |
| Article 3 |
Independence of electoral bodies
The bodies responsible for organising the elections shall be independent or neutral and shall have the confidence of all the political actors. Where…
|
8 | cases |
| Article 4 |
Registry of births and deaths, voters’ lists I: cooperation
1. Each ECOWAS Member State shall ensure the establishment of a reliable registry of births and deaths. A central registry shall be established in each Member…
|
0 | cases |
| Article 5 |
Voters’ lists II: transparent and reliable
The voters’ lists shall be prepared in a transparent and reliable manner, with the collaboration of the political parties and voters who may have access to them…
|
2 | cases |
| Article 6 |
Transparent elections
The preparation and conduct of elections and the announcement of results shall be done in a transparent manner.
|
2 | cases |
| Article 7 |
Election petitions
Adequate arrangements shall be made to hear and dispose of all petitions relating to the conduct of elections and announcement of results.
|
1 | cases |
| Article 8 |
Public education on peaceful elections
Member States shall use the services of civil society organisations involved in electoral matters to educate and enlighten the public on the need for peaceful…
|
0 | cases |
| Article 9 |
Conceding electoral defeat
The party and/or candidate who loses the elections shall concede defeat to the political party and/or candidate finally declared the winner, following the…
|
0 | cases |
| Article 10 |
Refraining from acts of intimidation or harassment against defeated candidates or their supporters
All holders of power at all levels shall refrain from acts of intimidation or harassment against defeated candidates or their supporters.
|
0 | cases |
| Article 11 |
Complementary provisions to Article 42 of the ECOWAS Protocol (1999)
The provisions of Article 42 of the Protocol of 10th December 1999 are hereby complemented by the provisions under this section.
|
0 | cases |
| Article 12 |
Electoral assistance from ECOWAS
1. At the request of any Member State, ECOWAS may provide assistance in the conduct of any election. 2. Such assistance may take any form. 3. Also, ECOWAS may…
|
0 | cases |
| Article 13 |
Election fact-finding mission
1. As elections in a Member State approach, the Executive Secretary shall dispatch a fact-finding Mission to the Member State conducting an election. 2. This…
|
0 | cases |
| Article 14 |
Election observation or monitoring missions I: composition
1. The Executive Secretary shall appoint the leader and the members of the Observer/Supervisory Mission, who shall be independent persons and nationals of…
|
0 | cases |
| Article 15 |
Election observation or monitoring missions II: conduct
1. The Observer/Supervisory Mission, with the documents collected by the exploratory Mission and the report prepared by the Mission, shall arrive in the…
|
0 | cases |
| Article 16 |
Election observation or monitoring mission III: report
1. The Mission shall remain in the country throughout the election period and until the election results are announced. 2. The Mission shall also submit a…
|
0 | cases |
| Article 17 |
Election observation or monitoring mission IV: preparation of the report
1. The Observer/Supervisory Mission’s report shall be signed by all Members of the Mission and submitted to the Executive Secretary by the Mission’s leader…
|
0 | cases |
| Article 18 |
Election observation or monitoring mission V: dissemination of the report
The report shall be forwarded by the Executive Secretary, together with his own observations, if necessary, to the Mediation and Security Council for…
|
0 | cases |
| Article 19 |
Non-partisanship of the armed forces and police
1. The armed forces and police shall be non-partisan and shall remain loyal to the nation. The role of the armed forces shall be to defend the independence…
|
1 | cases |
| Article 20 |
Civilian control over armed forces, the police and other security agencies, apolitical nature of the armed forces and police
1. The armed forces, the police and other security agencies shall be under the authority of legally constituted civilian authorities. 2. The civilian…
|
0 | cases |
| Article 21 |
Armed and security forces personnel as citizens
The armed and security forces personnel as citizens, shall be entitled to all the rights set out in the constitution, except as may be stated otherwise in their…
|
0 | cases |
| Article 22 |
Limitations on the use of force
1. The use of arms to disperse non-violent meetings or demonstrations shall be forbidden. Whenever a demonstration becomes violent, only the use of minimal…
|
0 | cases |
| Article 23 |
Education of the armed forces, the police and other security agencies on the constitution of their country, ECOWAS principles and regulations, human rights, humanitarian law and democratic principles
1. The armed forces, the police and other security agencies shall during their training receive instructions on the Constitution of their country, ECOWAS…
|
0 | cases |
| Article 24 |
National agencies responsible for preventing and combatting terrorism
1. The Member States undertake to strengthen their national agencies responsible for preventing and combating terrorism. 2. In accordance with Articles 3 (d)…
|
0 | cases |
| Article 25 |
Poverty alleviation and promotion of social dialogue as factors for peace
Member States agree that poverty alleviation and promotion of social dialogue are important factors for peace.
|
0 | cases |
| Article 26 |
Basic human needs
Member States undertake to provide the basic human needs of their populations.
|
0 | cases |
| Article 27 |
Fighting poverty
Member States undertake to fight poverty effectively in their respective countries and within the Community, especially by: creating an environment conducive to…
|
0 | cases |
| Article 28 |
Employers’ associations and trade unions
1. Employers associations and trade unions shall be organised and/or strengthened in each Member State and at the regional level of ECOWAS. 2. Member States…
|
0 | cases |
| Article 29 |
Education, culture and religion as factors for peace, stability and development
Education, culture and religion are essential factors for peace, stability and development in each Member State.
|
0 | cases |
| Article 30 |
Academic exchanges, establishing ECOWAS training institutions, promotion of women’s education, gender equality in education
1. There shall be regular exchanges of students and academics between Member States. 2. Community institutions shall be established to provide training for…
|
0 | cases |
| Article 31 |
Promotion of culture and religious tolerance
1. The culture of every group of people in each Member State shall be respected and developed. 2. The Executive Secretary shall take the necessary measures to…
|
0 | cases |
| Article 32 |
Good governance and press freedom as factors for preserving social justice, preventing conflict, guaranteeing political stability and peace, and strengthening democracy
Member States agree that good governance and press freedom are essential for preserving social Justice, preventing conflict, guaranteeing political stability…
|
0 | cases |
| Article 33 |
Principles of the rule law
1. Member States recognise that the rule of law involves not only the promulgation of good laws that are in conformity with the provisions on human rights,…
|
1 | cases |
| Article 34 |
Enforcing the rule of law, human rights, justice and good governance, accountability, professionalism, transparency and expertise in the public and private sectors
1. Member States and the Executive Secretariat shall endeavour to adopt at national and regional levels, practical modalities for the enforcement of the rule of…
|
0 | cases |
| Article 35 |
National human rights institutions
1. Member States shall establish independent national institutions to promote and protect human rights. 2. The Executive Secretariat shall take measures to…
|
0 | cases |
| Article 36 |
Institutionalisation of national mediation systems
Member States shall institutionalise a national mediation system.
|
0 | cases |
| Article 37 |
The media and the information sector
1. Each Member State shall work towards ensuring pluralism of the information sector and the development of the media. 2. Each Member State may give financial…
|
0 | cases |
| Article 38 |
Fighting corruption, transparent management of national resources, equitable distribution of national resources equitably
1. Member States undertake to fight corruption and manage their national resources in a transparent manner, ensuring that they are equitably distributed. 2.…
|
0 | cases |
| Article 39 |
Establishing a human rights mandate for the ECOWAS Community Court of Justice
Protocol A/P.1/7/91 adopted in Abuja on 6 July 1991 relating to the Community Court of Justice, shall be reviewed so as to give the Court the power to hear,…
|
0 | cases |
| Article 40 |
The welfare of women as factors for development, progress and peace, elimination of all forms of discrimination and harmful and degrading practices against women
Member States agree that the development and promotion of the welfare of women are essential factors for development, progress and peace in the society.…
|
0 | cases |
| Article 41 |
Protection of children
1. Member States shall guarantee children’s rights and give them access to basic education. 2. Special laws shall be enacted in each Member State and at the…
|
0 | cases |
| Article 42 |
Training and development of the youth, juvenile delinquency
1. Member States shall agree on rules to be adopted on the training and development of the youth. 2. Uniform laws shall be adopted within the Community to…
|
0 | cases |
| Article 43 |
Education and welfare of women and youth
The Executive Secretariat shall put in place all necessary structures within its establishment to ensure the effective implementation of common policies and…
|
0 | cases |
| Article 44 |
Adopting a legal convention to give full force to provision Article 28
1. This Article complements the provisions of Chapter V of the Protocol of 10th December 1999. 2. In order to give full force to the provision of Article 28…
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0 | cases |
| Article 45 |
Imposing sanctions in cases where democracy is abruptly brought to an end or where there is massive violation of human rights
1. In the event that democracy is abruptly brought to an end by any means or where there is massive violation of Human Rights in a Member State, ECOWAS may…
|
0 | cases |
| Article 46 |
Status of the Protocol
This Supplementary Protocol shall form an integral part of the Protocol Relating to the Mechanism for Conflict Prevention, Management, Resolution,…
|
0 | cases |
| Article 47 |
Amendments or revision of the Protocol
1. Any Member State may submit proposals for the amendment or revision of this Supplementary Protocol. 2. Any such proposals shall be submitted to the Executive…
|
0 | cases |
| Article 48 |
Withdrawal from the Protocol
1. Any Member State wishing to withdraw from this Supplementary Protocol shall give a one-year written notice to the Executive Secretary who shall inform Member…
|
0 | cases |
| Article 49 |
Entry into force
This Supplementary Protocol shall enter into force upon ratification by a least nine (9) signatory States in accordance with the constitutional procedures of…
|
0 | cases |
| Article 50 |
Depository
This Supplementary Protocol and all instruments of ratification shall be deposited with the Executive Secretariat which shall transmit certified true copies…
|
0 | cases |
| Article -Treaty |
Treaty - ECOWAS Democracy Protocol
ECOWAS Protocol A/SP1/12/01 on Democracy and Good Governance Supplementary to the Protocol relating to the Mechanism For Conflict Prevention, Management,…
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0 | cases |