« Undemocratic Constitution in many countries in sub-Saharan Africa, where several issues of poverty and exclusion are due to the fact that people do not have the effective capability to defend their rights and guide their futures through free choice their leaders, democratic principles are not a luxury. Yet every African country has a constitution that the small Larousse defines as "the set of fundamental laws that establish the form of government, regulate the relations between rulers and ruled and determine the organization of public authorities". What then is the Constitution Saharan Africa if African countries have applied but other than that it provides? Our attempt to answer this difficult question raises two hypotheses around which structure the text »
"Many African Constitutions are revised after the nineties, by the need for adaptation of the Basic Law to the new political order required by the international community. Indeed, if the democracies settle in this continent, national constitutions formerly built on the basis of single parties, became obsolete and required a result, adjustments to the new rules of the political game and the management of public affairs. However, the first constitutional reforms of this continent, while integrating the principles of democracy, were mainly intended to extend the duration and the number of mandates of African presidents already in office during the one-party rule. It was today the case in Congo Brazzaville where the draft constitution whose Brazzaville authorities announced Tuesday the adoption at the end of Sunday's referendum is challenged to bring in a new Congo Republic and allows the president Denis Sassou Nguesso to run for a third term in 2016. Constitutional referendum in Congo - Brazzaville: yes to 92 wins 96% can be stretched not only the presidential term from five to seven years.The most controversial provision of the text is Article 65 stipulates that the head of state "is elected for a renewable term of five years twice."Togo, Gabon and many other countries have revised their constitutions least to improve the democratic game to restore a political virginity men in place by these new Constitutions.At this stage, it appears that the ruling parties have defined hidden political agendas from the advent of democracies.These underground political agendas are to remain in power by exploiting the democratic demands of the international community, through constitutional reforms incorporating democratic theory gives, but virtually extending the mandates of the dictatorships in place.The strategy is very subtle and very effective not only because it draws its legitimacy from the application of the new African Constitutions, but also because by keeping their dominant position in society, and win all future elections: after States and peoples, democracy and the Constitution and are in their turn held hostage by powerful local networks.
If this first use of the constitutional reform is intended to keep the heirs of the single party in power and preserve their benefits, a second use of the constitutional reform in sub-Saharan Africa, is to return power and hereditary dictatorships.Indeed, "Eyadema-II" which replaces "Eyadema-I" succeeds not only "Kabila II" which replaces "Kabila-I" after constitutional manipulations orchestrated by political elites, economic and intellectual dominant.The forced exile of President of the Togolese National Assembly and the appointment of "Eyadema- son" to position the holder should constitutionally succeed the late president during the transitional period until the next election, is a way to entrench to conform with the Togolese Constitution), hereditary power aspirations of current ruling elites of this country.Similarly, "the Togolité" and "Ivoirité" obey the constitutional manipulations motivations to preserve its gains in a community approach to power whose borders are close family, national boundaries.After single parties, Africa it already inaugurates the era and constitutional monarchies?It is no exaggeration to affirm because the status quo suits not just the business of local elites, but also external powers which these local elites are relays.These external powers also preserve their gains by the fact that power is not reflected into enemy hands, the handling would be little gained.These external forces as respect in this case, the sanctity of the sovereignty of African countries and non-interference in their internal affairs.The third use that African politicians are of the Constitution is to evoke a conflict to prolong and maintain power.The most recent case and the referendum rejection of strategy by the Ivorian President who designs this modality as anti-constitutional.In other words, several African presidents by political skill by dictatorial cynicism or morbid passion for power, let rot conflict favoring legal references and provisions where referents and political provisions have a comparative advantage for the cessation of hostilities.Instead of ending conflicts by new and conciliatory policy measures. "
If this first use of the constitutional reform is intended to keep the heirs of the single party in power and preserve their benefits, a second use of the constitutional reform in sub-Saharan Africa, is to return power and hereditary dictatorships.Indeed, "Eyadema-II" which replaces "Eyadema-I" succeeds not only "Kabila II" which replaces "Kabila-I" after constitutional manipulations orchestrated by political elites, economic and intellectual dominant.The forced exile of President of the Togolese National Assembly and the appointment of "Eyadema- son" to position the holder should constitutionally succeed the late president during the transitional period until the next election, is a way to entrench to conform with the Togolese Constitution), hereditary power aspirations of current ruling elites of this country.Similarly, "the Togolité" and "Ivoirité" obey the constitutional manipulations motivations to preserve its gains in a community approach to power whose borders are close family, national boundaries.After single parties, Africa it already inaugurates the era and constitutional monarchies?It is no exaggeration to affirm because the status quo suits not just the business of local elites, but also external powers which these local elites are relays.These external powers also preserve their gains by the fact that power is not reflected into enemy hands, the handling would be little gained.These external forces as respect in this case, the sanctity of the sovereignty of African countries and non-interference in their internal affairs.The third use that African politicians are of the Constitution is to evoke a conflict to prolong and maintain power.The most recent case and the referendum rejection of strategy by the Ivorian President who designs this modality as anti-constitutional.In other words, several African presidents by political skill by dictatorial cynicism or morbid passion for power, let rot conflict favoring legal references and provisions where referents and political provisions have a comparative advantage for the cessation of hostilities.Instead of ending conflicts by new and conciliatory policy measures. "
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