Abstract:
After the wave of democratic and constitutional reforms in the 1990s, the
rule of law appeared to have enjoyed a revival in Africa. Apparently there
were strong constitutional commitments by African countries for respect
for the rule of law, backed by the signature and ratification of
international and regional treaties imposing this obligation. However, the
last two decades have seen a steady weakening of this commitment. It is
argued that developing an appropriate strategy for dealing with the
persistent, systemic and systematic threats to the rule of law in Africa
requires an understanding of the nature and extent of the crisis. The
critical question is whether the proper tools are available at national and
continental level to monitor and deal with these threats. After exploring
the meaning and scope of the concept of the rule of law, this article,
guided by a number of regional and international indicators, assesses the
extent of Africa’s rule of law problems. It then examines the various
options for facilitating systematic monitoring of the enforcement of rule of
law standards. Based on the approach adopted by the Council of Europe
and the European Union, it is argued that the African Union and regional
economic communities must develop a well thought-out strategy within the existing normative frameworks to address the present problems of
systemic threats to and persistent breaches of the rule of law.
