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â The Economic Community of West African States (ECOWAS) has attempted, via a process of constitutional convergence, to develop a series of norms that will entrench good governance and democracy in its member states. The Protocol mandating this process has in practice been better at preventing coups dâétat and the illegal overthrow of governments than it has been at fostering a culture of good governance. This paper analyses the substantive law of the ECOWAS Protocol on Good Governance and Democracy and some of the cases in which it has been deployed. I. INTRODUCTION Out of the ï¬fteen states in the Economic Community of West African States (ECOWAS) only two have never been subject to a military coup or an unconstitutional change of government. During the 1980s military coups in Ghana and Nigeria led to ECOWAS being dominated by increasingly authoritarian governments, and in the 1990s the eruption of decade-long civil wars in Liberia and Sierra Leone saw numerous coups and counter-coups. ECOWAS adopted the 2001 Democracy and Good Governance Protocol (the Protocol) in an attempt to deter and prevent military coups and unconstitutional changes of government. The Protocol contains a âtrigger mechanismâ that automatically suspends states from ECOWAS
African Journal of International and Comparative Law – Edinburgh University Press
Published: Sep 1, 2011
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