Burkina Faso’s transition staggers onward toward October

Burkina Faso’s post-coup transition to democracy is, theoretically, still on track to be completed by October. However, as the AFP reports, there is nearly constant tension between the hated Presidential Guard and its former number-two, the Military Prime Minister Isaac Zida.

A month ago, Zida claimed to have averted their plot to overthrow him in a coup, but it’s unclear how true that was. They did unsuccessfully publicly try to pressure him to resign earlier in the year. (Either way, the militarists of one stripe or another already have a huge seat at the table in this transition, even without any new coup.)

What little popular support Zida had left, inside or outside of the military, seems to have evaporated when he attempted to promote himself from Lieutenant Colonel to General (after, of course, having “promoted” himself to Acting President by force last year and then getting himself named Interim Prime Minister).

President Michel Kafando, the nominal civilian head of the transition, has been increasingly marginalized (unsurprisingly, given Zida’s presence) and can only issue plaintive appeals for calm and restraint in the coming 3 months.

West Africa’s regional bodies and leaders have continued to play a guiding role in Burkina Faso’s transition process wherever possible, as they did from the start, but this has caused its own bumps. New legislation setting the rules for participating in the country’s planned first democratic elections in October was struck down on July 13 by the ECOWAS Court of Justice because it excluded many people and parties closely affiliated with the Blaise Compaoré regime ousted last fall.

The regional court ruled that the exclusion’s basis — whether or not a politician or party had supported Compaoré’s failed attempt to amend the constitution to remove term limits, i.e. the move which prompted the government’s overthrow — was overly broad and was “a violation of their fundamental human rights.”

The former ruling party enthusiastically announced its nominee for the election upon reinstatement of eligibility. He proceeded to praise the ex-president whose multi-decade tenure in office ended with the national parliament building literally being burned to the ground by protesters.

At this point, it would be a near-miracle if Burkina Faso makes it through the October elections peacefully with a smooth transfer of power and no return to office for Compaoré’s old guard or the militarists. But with the transition roadmap not yet completely dead, despite many opportunities for it to have failed already, I think we can at least expect some positive outcomes, even if it’s unlikely all of those will come to pass.

burkina-faso-flag

The “Burkina Faso effect” is still unclear

Six months later, we are still no closer to a definitive answer on the question: “Burkina Faso’s Printemps Noir: A Black Spring or a fizzle?”

In other words, has the surprise popular/military ouster of Burkina Faso’s authoritarian president over a term limits dispute had any ripple effects across the rest of sub-Saharan Africa’s countries with long-serving leaders — many of whom are also currently trying to change their constitutions to seek additional terms? Will people be inspired to challenge attempts to revise term limits and nip their potential future strongmen’s careers in the bud?

A partial map of the years that Sub-Saharan African strongmen took office, in relation to Blaise Compaoré's 1987 coup in Burkina Faso. (Map labels by Arsenal For Democracy.)

A partial map of the years that Sub-Saharan African strongmen took office, in relation to Blaise Compaoré’s 1987 coup in Burkina Faso. (Map labels by Arsenal For Democracy.)

In Burundi this week we got perhaps the clearest parallel so far as a major military coup attempt was made against the president after weeks of increasingly bloody protests over his planned third term. It’s currently still too early to tell what the outcome of that uprising will be, since the army was divided over the decision to intervene in the political sphere.

Fighting raged in the capital last night. Reuters:

“The coup attempt failed, loyal forces are still controlling all strategic points,” said Army Chief of Staff General Prime Niyongabo in a statement broadcast on state radio.

A Reuters witness reported a journalist at the state broadcaster had said there was still heavy gunfire being heard around the state television and radio station in the capital on Thursday morning. Another Reuters witness said loud blasts were heard in the capital.

 
The Guardian:

Witnesses said rival factions of the armed forces, divided between supporters of the coup attempt and the president’s loyalists, were exchanging heavy machine gun and rocket fire around the state television and radio complex, which is held by the president’s supporters.

According to a pro-coup military source, the RTNB complex was attacked in the early hours of the morning after Burundi’s armed forces chief used state radio to announce that the coup had failed.

A journalist inside the complex confirmed heavy fighting raged through the early hours of the morning and after dawn, with heavy weapons including cannons and rockets being used.

 
Regardless of the outcome in Burundi, however, there is a bigger picture also still unresolved. Even beyond the “super-dicator” types — those who have ruled for 30-40 years and show no signs of budging or don’t even bother with real elections — there are almost a dozen wannabe-strongmen who are similarly trying to change the rules to contest semi-competitive elections and plan to coast to re-election on popularity or intimidation and join the ranks of the super-dictators.

The trends on the latter front appear to be quite unclear, with some countries and organizations showing positive signs and others making the same unfortunate decisions as we have just seen the president of Burundi undertake. An op-ed in Al Jazeera English summarized the state of play in the various countries with similar situations:

The forced resignation of Burkinabe President Blaise Campaore in October last year, following similar protests in Ougadougou is a case in point.

Perhaps that influenced President Thomas Yayi to accept the Benin constitutional court’s refusal to amend the constitution for a third term, and he has publicly stated that he will not seek re-election next year.
[…]
Meanwhile in the DRC there has already been strong opposition to President Joseph Kabila’s attempts to amend both the constitution and the electoral law, including from within his own party.
[…]
In other parts of the continent, the signals are mixed. In stark contrast to Burundi and DRC, in neighbouring Rwanda, two million people have petitioned parliament to amend the constitution in order to allow Paul Kagame to extend his rule for a third seven-year term in 2017.
[…]
Last month, Togo’s Faure Gnassingbe and Sudan’s Omar al-Bashir were both re-elected as their countries’ leaders, despite high questionable track records and notwithstanding protests against Faure’s third-term bid and an opposition boycott of the poll in Sudan, where Bashir has been in power since 1989.
[…]
However, the Economic Community of West African States (ECOWAS) looks set to change such apathy this week, when it will table a new clause that would prohibit presidents of member countries from ruling for more than two terms. It is also said to be considering adopting a new legal regime that will make all ECOWAS decisions immediately applicable and binding on member states.

 

Burkina Faso Army preps to hand back control to civilians

In continuing the rapid implementation of the ECOWAS-sponsored transition plan, the military government in Burkina Faso (which took power just 15 days ago) today gave civilian groups a one day deadline to narrow down their proposed interim leaders to a consensus choice, who will govern until November 2015 elections. Here are some key highlights from the BBC report:

Burkina Faso’s military ruler has told activist groups they have until Sunday afternoon to provide a list of candidates for interim national leader.

Lt Col Isaac Zida agreed [to] a transition plan with civilian political groups on Thursday, but no leader was named. The groups have agreed to submit a list of candidates to a 23-member council, which will then select a single leader.

In a communique on Saturday, Col Zida said civilian groups had until noon on Sunday to provide a list of candidates to serve as interim president. He also said the constitution was back in force in order to “allow the start of the establishment of a civilian transition”.

Under the charter agreed on Thursday, the interim president will be chosen by a special college composed of religious, military, political, civil and traditional leaders.

 
Let’s take another look at that constitutional power vacuum situation that led to the temporary — and thankfully apparently short-lived — military takeover after President Compaoré‘s resignation. Since many Western media sources were being a bit lazy about reporting the details accurately, I spent a number of hours immediately following the coup carefully parsing the constitution along with 2012, 2013, and early 2014 news articles from the country. My conclusion: Due to an ongoing political dispute well before the current crisis, Burkina Faso doesn’t actually have a Senate set up to fill the role of Senate President, even thought that position is designated without alternative in the 2012 Constitution as the Acting President if the Faso presidency becomes vacant.

In other words, there was no way any transition would have been constitutional, even if the Army had not suspended the constitution and assumed control. So, the “restoration” of the constitution today by the military doesn’t really fix that fundamental, unavoidable problem that led to their takeover in the first place.

However, here’s some good news: The uncreated Senate was supposed to have been composed of indirectly-elected representatives of the local municipalities (etc), worker groups, industry groups, religious groups, and (some) customary/traditional authorities (I think most were disbanded in the 1980s by Sankara). Thus, the plan announced Saturday essentially “restores” the Constitution to the extent actually possible and seems to try to emulate its spirit as closely as possible to fill the remaining gaps where it’s simply not feasible to follow the letter. For example, the acting civilian president will be chosen — by a 23 member council of representatives from the aforementioned interest groups — from a list submitted by those same groups and the 40 odd political parties in the country (or a lot of them anyway). That’s basically as close as humanly possibly to a duly-composed (in spirit) pseudo-Senate choosing a leader to fill the role of Acting President in lieu of a Senate President who never existed. Moreover, the military government has not attempted to rewrite, amend, or promulgate a new constitution.

If this plan holds up, this may prove to be one of the most efficient and minimally invasive military interventions in the democratic system of a country in recent memory. The real test, of course, will continue through the transitional civilian leadership period and into new elections (and presumably a less arcane and broken constitution eventually). But this is still a huge step, and a lesson to other would-be military interventionists both in Burkina Faso and abroad.

burkina-faso-flag

ECOWAS outlines a 1-year transition for Burkina Faso

The Economic Community of West African States (ECOWAS) sent senior officials to member-state Burkina Faso to meet with Col. Isaac Zida, who seized power on Saturday following the emergence of a constitutional power vacuum last week.

According to Reuters, this meeting resulted in a one-year transition plan that will rapidly end on military rule and (they hope) be minimally deviated from the existing elections calendar:

Three West African presidents urged Burkina Faso on Wednesday to appoint a transitional government to guide the country to elections next year following the people’s overthrow of longtime ruler Blaise Compaore last week.

Ghana’s President John Dramani Mahama led the delegation from the West African bloc ECOWAS to help Burkina Faso plot a path to a civilian-led transition after the military named a senior army officer as head of state on Saturday.

Mahama, the current ECOWAS chairman, held talks with Lieutenant Colonel Isaac Zida, opposition politicians, Compaore’s supporters, religious leaders and civil society groups. There was a general consensus in favour of a civilian-led interim government, he said.

“There were going to be elections next year. We believe that we should just work with that election date, which is next November,” he said. “This means there will be a transitional government for one year and a new president will be elected.”

Nigerian President Goodluck Jonathan and Senegalese leader Macky Sall, part of the ECOWAS delegation, agreed with the timetable, Mahama said.

 
A specific proposal was outlined for trying to find a consensus interim leader from the civilian community who can guide the transition over the coming year until elections are held:

Delegates from the meetings with Mahama said that all the separate groups had been asked to select three candidates for the interim presidency, which would be discussed in a plenary meeting later on Wednesday.

Mahama said the presidents had recommended that members of the interim authority should not be permitted to stand in the elections next year.

 
The existing Constitution of Burkina Faso, which I was reading on Saturday, already identifies a complex network of interest groups, religious communities, etc. which makes it easier to figure out who has quasi-constitutional role in sorting out a crisis like this. Presumably these groups were the ones represented at that meeting and are the ones who will be suggesting nominees for leadership roles in the transition administration.

The 15 member states of ECOWAS have, collectively, a vast amount of experience with military coups and transitions to democracy. Not necessarily good experience or track records, but they have the record to work from.

Although a few members, like Senegal (whose president was at the meeting), have actually avoided the blight, most of them have experienced at least one coup — if not a half dozen or more — since the end of colonialism. In just the past 15 years, for example, there were at least six successful military coups in ECOWAS members Côte D’Ivoire, Guinea-Bissau, Guinea, Niger, Guinea-Bissau again, and Mali. Throw in other improper transfers of power like the (still unresolved) 2005 Togo presidential succession and the list starts to grow pretty fast. Burkina Faso, which had managed to prevent coups for 27 years under President Compaoré — an apparent aberration — is actually on number seven now, which is a similar experience to Nigeria and Ghana, though they too have managed to maintain stability for a while, and have had democratic handoffs. Meanwhile, neither Togo nor The Gambia actually have democratic governments or any plan to transition toward that. One wonders exactly how well this Burkina Faso plan is going to work, given the ECOWAS record in general.

In fact, I’m not fully convinced that a stable transition is even possible in Burkina Faso without substantial military involvement (and heavy supervision from the international community). On the one hand, military-guided transitions to democracy have a super high failure rate (not sure if that’s adjusted for economics though); so that’s an argument for a rapid transfer. But on the other hand, Burkina Faso has 40+ political parties, an absurd and borderline non-functional constitution (now suspended by the military), no legitimate successor to the presidency, and so on. Thus, I’m kind of thinking the military might actually be the only valid option here for overseeing the transition, as it serves as a unifying factor cutting across competing affiliations.

I’m not even sure elections held under the existing system could result in anything that could actually set up a transitional government or interim constitution. And if a civilian is chosen to oversee the transition, there’s a risk of “playing favorites” with one of the forty factions. I hope, however, that the ECOWAS plan for selecting a consensus interim leader can actually find that necessary consensus. The next few months should also be used to consolidate the vast array of parties into a handful of reasonable competitive contenders.

Read more