Assembly/AU/3(XIV)
Annex III
Page 25
i.
coups d’état are illegal and totally unacceptable;
ii.
perpetrators of coups d’état shall be liable for prosecution before the
African Court of Justice and Human Rights;
iii.
perpetrators of coups d’état shall not stand for elections conducted for
return to constitutional order;
iv.
perpetrators of coups d’état shall not constitute obstacles by negatively
influencing the conduct of a transition towards the return to constitutional
order;
v.
constitutions shall not be manipulated in order to hold on to power
against the will of the people;
vi.
constitution-making or constitutional review processes shall not be driven
by personal interests and efforts aimed at undermining popular
aspirations;
vii.
military/security forces shall not interfere in the transition towards the
return to constitutional order;
viii.
fostering of conditions conducive for a return to constitutional order;
ix.
sanctions shall apply in a graduated manner from the moment that an
unconstitutional change of government takes place.
5.
With the determination to strengthen Africa’s capacity to prevent and combat
unconstitutional changes of Government, there is need to:
i.
shorten the period of up to six months (180 days) of suspension period,
as provided for in the Lomé Declaration to perpetrators of
unconstitutional change to restore constitutional order to a period of three
months (ninety (90) days);
ii.
review the reference in the Lomé Declaration to a regime that
“stubbornly” refuses to restore constitutional order, in order to make
every unconstitutional regime/de facto authority, without any qualification,
fully accountable within the framework of AU instruments for combating
and preventing unconstitutional changes of government;
iii.
create conditions for imposition and full implementation of targeted
sanctions without any dilution or erosion, whenever they are applied to
deal with an unconstitutional change of Government;
iv.
conduct political engagements of the transition towards the return to
constitutional order in a constructive and non-competitive manner or in
such a manner as not to compromise the machinery of targeted
sanctions;