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REGIONAL SECURITY ANALYSIS
ECOWAS AND THE CONSTITUTIONAL CRISIS IN THE GAMBIA
Ndeyramou Darboe
Department of Political Science Political Sceince II
7,5 HP
Supervisor: Johanna Tangnäs
Examiner: Malin Stegman McCallion
Date: 01-06-2020
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Abstract
One of the fundamental principles of democracy is for free and fair elections to be held in a country for ensuing peace and security. Free and fair elections are of vital importance as it represents the voice of the people. Furthermore, the outcome of the elections needs to be respected to avoid conflict and instability in the country. However, this is not always the case as this was evident in 2016 in The Republic of The Gambia. As a result of the opposed election results by the former President Jammeh that led to an intervention of ECOWAS in The Gambia. This then raises the question whether the intervention was legitimate
considering the fact certain actions or interventions violate international law, and international law stresses on the importance of the sovereignty of a state. The focus of this study is to examine whether ECOWAS has progressively developed into a regional security organisation, in relation to the Gambian context in 2016. This will be done using the ECOWAS Treaty and policies from 1975, 1981,1991 and 2001, these policies will serve as an indicator to answering the following research questions: - How has ECOWAS evolved into a political actor in West Africa? - How did ECOWAS implement its protocols/act in attempt to restore democracy in the Gambia? The questions will be answered through a qualitative analysis in the form of descriptive idea analysis, from selected parts of ECOWAS treaties and protocols on the website. Moreover, previous research on ECOWAS policies and interventions done by various political scientist will be used to add validity to the research being conducted. This thesis argues that the ECOWAS has developed from an economic organisation to becoming the prominent security organisation in the region. This is due to the enhanced treaties and policies that have been added. As a result of this ECOWAS was able to facilitate negotiations and maintain peace and security in The Gambia.
Keywords: ECOWAS, Gambia, military intervention, integration, democracy, elections,
West Africa
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Table of Context
1 Introduction ……….5
1.2 Research Purpose………...6
1.3 Outline………....7
2 Previous Research………....8
3 Key Concepts………....8
3.1 R2P Principle ………8
3.2 Military Intervention ………9
3.3 Regional Cooperation………..9
4 Method & Materials………10
4.1 Method………...10
4.2 Material………...10
4.2.1 ECOWAS Treaty of Lagos (idea program) in 1975 with focus on economic integration in West Africa………... ...11
4.2.2 ECOWAS policy on Mutual Defence and Assistance (operation program) in 1981 with focus on mutual defence against any form of armed threat or aggression on a member state………...11
4.2.3 ECOWAS policy in 1999 with focus on Mechanism for Conflict Resolution, Management, Peacekeeping and Security………..11
4.2.4 ECOWAS supplementary policy in 2001 with focus on Democracy and Good Governance………... ...12
4.2.5 ECOWAS restates commitment to peace, security and democracy in the Gambia…...12
5 Background on Economic Community of West African States and The Gambia…….12
5.1 ECOWAS policy towards regional security in West Africa………...13
5.2 The Gambia’s political history………...14
5.3 “Operation Store Democracy”
………...15
6 Empirical
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Analysis………...15
6.1 ECOWAS Treaty of Lagos (idea program) in 1975 with focus economic integration in West Africa………...16
6.2 ECOWAS policy on Mutual Defence and Assistance (operation program) in 1981 with focus on mutual defence against any form of armed threat or aggression on a member state………...17
6.3 ECOWAS policy in 1999 with focus on Mechanism for Conflict Resolution, Management, Peacekeeping and Security………...19
6.4 ECOWAS supplementary policy in 2001 with focus on Democracy and Good Governance……….20
6.5 ECOWAS restates commitment to peace, security, and democracy in The Gambia………...21
6.6 How ECOWAS acted in The Gambian intervention……….22
7 Conclusions & Discussions……….22
7.1 Conclusions………..23
7.2 Discussions………...23
8 References………...24
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1. INTRODUCTION
For the past three decades, structures and efforts to maintain peace and security in West African states by external actors have continued to evolve. Considering the infinite
challenges, the sub-region has encountered with regards to poverty, poor governance, political instability, and heavily indebted governments (ECOWAS, 1975). As a result of these
challenges several regional bodies were established with the intention that such a body would be a key player in preserving peace and security as well as tackling these socio-economic issues that pose as an imminent threat to the stability of the region. For the purpose and relevance of this study we will be examining and focusing on The Economic Community of West African States (ECOWAS). The ECOWAS is in constant pursuit of high levels of cooperation in regional development programs on good governance, peace, security, and economic development (ECOWAS, 1993). Initially ECOWAS was established as an organisation that mainly promotes national cooperation, economic trade, and union and for the development of West Africa (ECOWAS, 1975). However, progressively ECOWAS has taken a greater role in ensuring and developing peace and security in the sub-region. Its serves as a peacekeeping organisation where member states intervene in countries enduring political instability (ECOWAS, 2017). This was clearly seen in The Gambia, because of the disputed December 2016 presidential elections. Jammeh’s regime, a former military regime that claimed to have reformed to a democratic government yet with no respect to the rule of law, oppression against women, LBTQ, opposition parties and disregard for basic human rights occurred rampantly in the society (Access Gambia, 2017). According to Access Gambia (2017), the violations and heinous acts towards the civilians led to the introduction of The Coalition Party (prior to the 2016 elections) that consisted of seven different political parties that merged into one with sole objective of bringing an end to the dictatorship hence a change of regime. Jammeh’s refusal to step down from power prompted a military intervention from ECOWAS- code-named “Operation Restore Democracy” to settle the breakdown of internal order in the Gambian government (ECOWAS, 2017). As a consequence of Jammeh’s refusal to accept defeat led to representatives from both regional and international bodies such as the chairperson of the AU Commission, the president of the ECOWAS Commission and special representative of the UN Secretary General of West Africa IBN CHAMBERS) urging Jammeh to step down (ECOWAS, 2016). Since he was no longer perceived as the legitimate President of the country and urged him to concede to the country’s constitutional and
international obligations. Although there were some international actors involved to a certain
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extent it is, however, important to note that ECOWAS was the main actor. Despite many failed negotiations with Jammeh subsequently ECOWAS managed to successfully “restore democracy” and the rule of law in the country. This was achieved by threatening to use force without using any form of physical violence (ECOWAS, 2017).
1.2 RESEARCH PURPOSE
ECOWAS had pronounced itself as an economic integration between West African states that aims to develop the region (ECOWAS,1975). The initial intention was to economically
develop West Africa however due to recurring crises; its aim and objective have progressively shifted. Due to the challenges faced in the region such as dictatorship, poverty and other various crisis led ECOWAS to strengthen their efforts to effectively combat these challenges implementing new policies aimed to increase and promote peace and security as well respect for human rights in the region. This is based on the belief that each member state should be democratic to attain regional growth. For regional growth to be achieved there must be peace and stability. ECOWAS’s Operation Restore Democracy in The Gambia is the main purpose of this study which is to analyse the organisation’s development as a regional actor in a
broad sense. The research questions that this essay intends to answerare:
- How has ECOWAS developed from an economic organisation to becoming a regional political actor?
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How did ECOWAS implement its policies/act in maintaining peace and security in
The Gambia in 2017?1.3 Outline
This essay consists of 7 chapters. The introduction gives a short overview of the constitutional crisis in The Gambia, previous research, outline, and the purpose of the research as well as the question that this paper intends to answer. Chapter 2 is based on previous research conducted about ECOWAS. The third chapter comprises of the key concepts of this essay. Chapter 4 focuses on method and methodology where chosen methods and empirical materials are presented. Chapter 5 examines the historical background of the ECOWAS and to a certain extent the political history of The Gambia leading up to the 2016 elections. In Chapter 6 the policies of the ECOWAS are analysed. Finally, chapter 7, the concluding chapter
demonstrates whether the research questions have been answered as well as discussions.
2. Previous Research
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Research on regional organisations in Africa specifically ECOWAS have previously been conducted, the ideologies and policies of the organisation have been largely scrutinized in terms of regional stability. Among this is political scientist Dr. Ali Williams Butu on his paper “Impact of ECOWAS policies on the political and economic integration of the West African Sub-region”. Williams conducted a desk review analysis on past ECOWAS interventions, policies and regional stability. He argues that the lack of political
administration in member states stating that some of the organization’s programs and policies have not yet collectively been completely implemented by the member states (Butu, 2013, p.56). A failure of this, it could be harmful to the West African region. The conclusion Williams draws is the regional body has extensively progressed in its aim to foster and enhance regional integration but recommends that ECOWAS leaders should exercise good governance in their respective nations to avoid crises within the region.
Alternative research conducted by Emmah Wabuke in September 2005 concerns ECOWAS’s efforts to enforce the R2P (Responsibility to protect). This principle was in accordance with the World Summit Declaration. Wabuke sought to examine whether ECOWAS applied the correct procedure in implementing the R2P principle in The Gambian intervention. Whether the intervention was justifiable under international law and if it could set the precedent for other African regional bodies managing conflicts within the continent. According to Wabuke (2019), she argues that it could be viewed both from a regional and international perspective.
From a regional perspective, Wabuke states that the ECOWAS policy on Democracy and Good Governance highlights that the intervention can be considered probable as the policy contains 12 constitutional principles. However, in accordance with international law the intervention might be considered unlawful. This is due to the fact, the regional organization in question must operate from a legal mandate issued by the U.N Security Council. The studies mentioned are of relevance when examining the impact of collective integration both
politically and constitutionally. The policies and ideologies of the ECOWAS are examined emphasising on regional peace and stability.
3. Key Concepts
3.1 Responsibility to Protect Principle
The R2P principle entails that all nations must prevent atrocities against their respective
civilians and in other countries (UN, 2017). This principle is based on three principles:
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(1) States are obliged to protect their civilians from war crimes, human rights violations, genocide, and ethnic cleansing.
(2) International bodies must assist respective states in achieving the abovementioned responsibilities.
(3) The international community is encouraged to intervene in crisis if states fail to implement the obligations under R2P (UN, 2017).
The intervention should however be done collectively and under the U.N Charter (UN, 2017).
The R2P principle aims to end systematic breaches of human rights by introducing
authorization of force taken against a government without their approval for humanitarian purposes. Internationally, an intervention (or an R2P action) is only deemed legitimate when organizations or nations' actions are based on the U.N directive (namely the U.N Security Council). Therefore, the answer to whether the Gambian intervention was legal under
international law is rather a political question. The R2P principle was primarily promoted by then-U. N Secretary-General Kofi Annan, who asked U.N member states to “find common ground in upholding the principles of the U.N charter and acting in defence of common
humanity” (UN, 2017). The ECOWAS intervention in the Gambia could set precedent on how other African regional organizations such as (EAC or SADC) adopt their directives to manage peace and security in their regions (Wabuke, 2017). Provided that the ECOWAS mandate is conformed to, it could cause a need to expand the R2P principle to a more pro-democratic intervention.
3.2 Military Intervention
Humanitarian military interventions entail that the international community threatens to use force to intervene in a country in the event of a conflict or crisis (Holzgrefe, 2003, s.15).
These interventions can either be armed or not (Holzgrefe, 2003, s. 18). These interventions are conducted by international organizations to protect, fight for, or rescue civilians from abuse from their governments. However, this concept conflicts with the principle of sovereignty of all states and was therefore unthinkable until the 1990s. According to
international law, each sovereign state holds the power to make decisions within the country’s
territory (ref). In the wake of a crisis, the actor must act in accordance with directives from the
UN. The UN may either allow another state to intervene, send its military or offer another
regional organization support to intervene (Holzgrefe, 2003, s. 15). As it is deemed illegal for
a state to act without the authorization of the UN but not necessarily invalid (Holzgrefe, 2003,
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s.15). The main purpose of an intervention is to prevent acts of human rights violations in a country. With regards to the Gambian intervention, ECOWAS chose to send its military forces to resolve the internal crisis with no approval from the UN. This is due to the fact that the UN opted for a diplomatic solution rather than using its military forces. This act stirred different opinions internationally on whether the intervention was justified or not.
3.3 Regional Co-operation
Regional cooperation deals with institutional and political mechanisms that countries in a specific region share to develop national and common interests, through cooperation and communication (Baylis, 2017, p. 364). Baylis (2017) writes that it strengthens the ties between countries, improves communication, and builds bridges towards the betterment of education, infrastructure, energy, democracy, and the environment. Regional cooperation could be initiated for Economic, Political, Security as well as other initiatives that benefit a specific geographical region. This cooperation method is mostly done through organisations that are located within the same geographical area (Baylis, 2017, p. 364-365). Countries that share the same resources can benefit greatly from cooperation. Regional cooperation comes in different forms; (1) Functional cooperation- deals with limited arrangements between states to tackles things like transport, energy, or health. (2) Economic cooperation- deals with
economic arrangements in international affairs. (3) Political cooperation- deals with the exercising practices and values within the countries that are agreement. (4) in-depth
integrations such as the EU that deals with everything from trade, security, defence diplomacy to politics. (5) Security policy- which (in an organisation ex ECOWAS) restraints its member states behaviour, structures and policies in order to ensure safety in the region (Baylis, 2017, p. 365).
4. Method & Material 4.1 Method
To answer the research questions, a descriptive idea analysis is used. In this form of
qualitative text analysis, the research conductor must add new information about the material
being analysed without crediting written data on the issue to oneself (Boréus & Bergström,
2009, p.55). This method is used with the intent to increase information and facts about the
empirical material studied. A descriptive idea analysis is not to answer why a phenomenon
occurred instead it measures, observes, and enhance vital characteristics of a certain case
(Boréus & Bergström, 2009, p. 156-157). The motivation to use a descriptive analysis was
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taken from the book “idea and ideology analysis” by Bergström & Boréus (2009). This method was chosen because this study is an observation of ECOWAS’s development as a regional organisation (and their actions in The Gambia), therefore this method can provide an explanation of how the organisation has developed and why certain actions are taken. Data have been collected from the ECOWAS website, Gambian newspapers, and previous
academic research on the progression of the organization. Some difficulties were encountered with finding written data from the Gambian press outlets as the initial intention was utilize information from Gambian journalists, this barely existed due to Jammeh’s control over the Gambian press and tv-stations.
4.2 Material
The empirical material in this study heavily relies on the ECOWASs policies on peace, security, stability, and governance. These policies were not a part of the Treaty of Lagos from 1975, but a revised Treaty signed in Cotonou on 24 July 1993. Article 4 of ECOWAS was incorporated in 1993 to strengthen and promote good neighbourliness. In 1978 a non-
aggression policy due to regional instability and finally, in 1981 and 1990 a monitoring group and a defence armed force were formed to protect member states from potential threat armed forces. ECOWAS perceives that these policies consist of both idea and operation programs. It is thus important to mention that this study is only based on peace, security, governance policies and not the entire program of the organization. The policies presented below are to be analysed:
ECOWAS Treaty of Lagos (idea program) in 1975 with focus economic integration in West Africa:
In 1975 ECOWAS introduced their treaty (unitizing on 93 different articles) that its aim is to promote a single regional market block with ECOWAS as the commission. This is to facilitate social and economic development for its member states to ensure a high living standard for the people.
ECOWAS policy on Mutual Defence and Assistance (operation program) in 1981 with focus on mutual defence against any form of armed threat or aggression on a member state:
The Treaty of Lagos was enhanced in 1981 by the signing of a new policy on Mutual
Assistance for Defence on threats coming from both domestically and internationally. This
policy legitimizes ECOWAS intervention in national issues of its member states as stated in
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Article 4 of the treaty “ECOWAS is obliged to intervene in conflicts within the region without any assistance from outside that could jeopardize the peace and security of the whole
community”.
ECOWAS policy in 1999 with focus on Mechanism for Conflict Resolution, Management, Peacekeeping and Security:
ECOWAS presented a pro-active mechanism in handling and managing conflicts within the region. This mechanism is made up of three (3) bodies; (1) The Defence and Security Commission that plans peacekeeping missions by the ECOWAS military (ECOMOG), (2) The Mediation and Security Council that implements the provisions of the mechanism via the Defence and Security Council, and (3) The Council of Elder that mediate conflicts as well as monitor elections. This is based on the perception that conflicts could be resolved through other channels such as crisis resolution and management, negotiations and mediations before resorting to the use of force. The use of force should always be the last option.
ECOWAS supplementary policy in 2001 with focus on Democracy and Good Governance:
The supplementary policy (operation program) on Democracy and Governance was introduced in 2001. Focusing on ensuring constitutional principles, human rights, fair elections, and democracy within the community. This principle advocates that appropriate governance standards must be met, with emphasis on zero (0) tolerance towards
unconstitutional government regimes.
ECOWAS restates commitment to peace, security and democracy in the Gambia:
In 2017 the people of The Gambia were reaffirmed by the ECOWAS of its commitment to strengthen peace, stability and democracy in the country. This was to be achieved through regional cooperation from its member states. ECOWAS’s “involvement in peace efforts in the Gambia was its duty in line with relevant policies and instruments”.
5.
BACKGROUND ON ECONOMIC COMMUNITY OF WEST AFRICAN STATES AND THE GAMBIAAfter the colonial era, the West African region was in a poor condition, socio-economically
and security-wise. West Africa had been affected by dictatorships, wars, famine and conflicts
since the 1950s which decreased the region's economic development. In an effort to rebuild
the region the ECOWAS was formed. The economic community of West African states is a
political and economic union comprised is of fifteen countries situated in the West African
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region. Established on the 28th of May 1975, via the signing of the “the treaty of Lagos” with the mandate to promote economic integration across the region. ECOWAS further focuses on creating a borderless region that offers its population infinite access to resources and equal opportunity under a sustainable environment.
Unitedly, ECOWAS legislates an estimated population of 251,646,263 and a square mile of
5,112,903 (ECOWAS.int).
As a result, the creation of the organization has offered the population within the region free movement, access to education and health systems as well as involvement in economic and
commercial activities while living in a secure and peaceful atmosphere.
Furthermore, in the late 1990’s leaders of the union deemed it necessary to establish an official policy (that all members must adhere to) that aimed to provide democracy, peace and security for the member states.
5.1 ECOWAS SECURITY AND PEACE POLICY TOWARD WEST AFRICA
ECOWAS established a mechanism for collective security and peace known as the
“Mechanism for Conflict Prevention, Management, Resolution, Peace-keeping and Security”.
The institutions for mechanism consist of The Authority, The Executive Secretariat, The Mediation and Security Council and any other institution that is founded by the Authority.
The principal institution of ECOWAS is The Authority of Heads of States which consists of member state governments or their Heads of States. Chairmanship within the institution is determined on a rotational basis, the authority has a scheduled meeting once a year where the general direction and government of the organization (ECOWAS), as well the decision regarding guidelines and policies are made.
The ECOWAS member states commit to the principles that are in the Charters of the United Nations Organisation (UNO) and the Organisation of African Unity (OAU) and declaration of Human Rights and the African Charter on Human and people’s rights
Amongst its vital components are the following objectives:
- To maintain peace and security in the region, multiple policies were formed over the years. The greater emphasis on peace and security was first noted in the Revised ECOWAS Treaty (1993).
- The first policy was the Non-aggression policy which came about in 1978 to prevent
and manage crisis and conflicts in the sub-region. This was followed by the policy on
Mutual Defence Assistance that went into force in 1986. The defence council and
committee along with the Allied armed forces of the community were formed to serve
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the above-mentioned purpose. However, tensions that substantially arose within the West African region prompted a coalition of Anglophone member states decision to form a multilateral armed force in 1990 to provide peace and security. The monitoring group is known as the Economic Community of West African States Monitoring Group (ECOMOG). This group has been a key player in terms of intervening in member states such as Guinea-Bissau 1990, Sierra Leone 1997 and in The Gambia to name a few.
- Additionally, a policy on Good Governance and Democracy was drawn up to address conflicts, the main aim is to maintain aspects of conflict management and peace building. The Good Governance and Democracy policy handles constitutional
problems- such as undemocratic government changes or declaration of confederacy.
5.2 THE GAMBIA’S POLITICAL HISTORY
The Gambia, the smallest country in West Africa located on the Atlantic coast, once a colony of the British empire until independence in February 18
th, 1965. The became a republic in 1970 with Sir Dawda Jawara as its first President. In 1981 the Jawara government
experienced its first of many attempt (coup d’état) that would follow through the years of his presidency. The attempted overthrow of the government was largely unsuccessful due to the intervention of the Senegalese Armed Forces. The intervention of the Senegalese Armed Forces in The Gambia gave birth to an experimental confederacy between the two states. This entailed unifying their military and security forces in order to develop a common foreign policy that would evolve to an economic union. The confederacy was however short-lived as it came to an end in 1989 due to differing perception of the new government.
On 22
ndJuly 1994, the Jawara government was overthrown in a coup d’état led by military commander Yahya Jammeh. Jammeh declared that the military would be in power for a period of four years before the county’s administration would become representative.
However, due to pressure from international organizations democracy was introduced through elections in 1996, which he won. World News (1996) asserted that one of Jammeh’s greatest political opponents was forced into exile after the election, due to fear of being massacred.
Jammeh was re-elected in 2001, 2006 and 2011 in elections regarded as “free and fair”.
Despite this, the 2011 elections were heavily criticized by the opposition party and received
mixed opinions from international bodies as Jammeh’s ruthless method of assassinating or
intimidating his opponents surfaced through the years.
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This led to ECOWAS concluding (on a fact-finding mission in the country) that there was indication of government restriction of the media and intimidation which would make free and fair elections inconceivable. Contrary to the ECOWAS, the African Union (Au) deemed the elections as free and fair but acknowledging that there were some deficiencies in the election process and proof of media bias in favour of Jammeh. In an interview with BBC News, Jammeh claimed; "I will not bow down before any human being except the Mighty Allah. And if they don’t like that, they can go to hell [...] and if I have to rule this country for a trillion years I will, if Allah says so” (BBC News, 2011). However, it is important to note that during the first years of Jammeh’s regime, the country developed vastly and the first-ever (and only) university was founded. His iron-fisted rule did however receive criticism,
specifically regarding his outspoken hatred for homosexuals, women, reporters, and the Mandinka population, which is the largest ethnic group in the nation. This led to Jammeh’s withdrawal from the ICC (International criminal court) in 2017 and the commonwealth in 2013. Prior to the 2017 elections, over 30 opposition members were incarcerated, and two members died while under the supervision of the Gambia police forces. ECOWAS and other international organizations forewarned that the upcoming elections would be anything but free and fair. Which led the opposition to form a new political coalition that was headed by
Presidential candidate Adama Barrow. A few days prior to the elections, internet and all communication with the outside world were shut down, amplifying the already tense political atmosphere. Despite this, Jammeh lost the election against the opposition.
Initially, Jammeh accepted defeat and congratulated Barrow as the newly elected president only to later withdraw his approval and demanded a re-election – as he believed there were
"irregularities" during the election process.
ECOWAS instantly expressed great concern about the circumstance (Searcey and Barry 2017).
5.3 “OPERATION RESTORING DEMOCRACY”
The treaty of ECOWAS has frequently been updated since it was written in 1993 and in 2001
the article “democracy and good governance” was included in the treaty. Which laid the
foundation for the implementation of the UN’s “Responsibility to protect” (R2P) concept
(Hartman, 2017). In 2005, the organization commenced The Electoral Assistance Unit
intending to observe the political situations and elections in the member states. The EAU’s
main intent is to safeguard the integrity of elections which is to take pro-active measures to
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promote democratic practices and ensure that free and fair elections are held within all member states to enhance peace and stability within the region (ECOWAS, 2001, p. 4). The EAU has the right to gather documents that are considered relevant for elections carried out in the region. BBC News (2011) reported that ECOWAS opted not to send an eyewitness to The Gambia for the 2011 presidential elections due to evidence found on a previous “fact-finding”
mission. As it was detected that the Gambian government was a threat to the population along with the media. However, before the 2017 elections, Jammeh issued a ban on EAU controlling and monitoring the election process and that meant the election could not be perceived as “free and fair” according to treaty laws even though it received positive responses from supranational organizations in Africa.
Although, the UN Security Council considered Barrow the legitimate president of the country no consent was given to use military forces to dismiss Jammeh rather opted for the use of diplomacy. President Barrow was inaugurated in Senegal on January 19
thdespite Jammeh’s refusal to relinquish his position. Nonetheless, ECOWAS managed to restore democracy in the country with the threat to use force. AU and UNSC supported ECOWAS giving
legitimacy to ECOWAS's policy. The threat or use of force is against the political independence of any state without U.N approval as it is prohibited deemed illegal by the UNSC (Un Charter, article 24). Unquestionably, The UN denied the request from ECOWAS to use military though members with the council had different views on the matter.
Representatives from China and Egypt agreed with ECOWAS’s decision to send its military forces to Banjul, claiming that it was an “African solution to an African challenge” whereas other representatives such as the Bolivian one deemed it unfit to use military forces as the situation was not a threat to international peace and security (Un security council, 2017).
However, the intended military intervention on Gambian soil came to an abrupted halt when President Jammeh accepted to step down and went into exile to Equatorial Guinea.
6. Empirical Analysis Part One
The following analysis contains quotes that describe ECOWAS’s perception of democracy, peace, and security, followed by their ideas and explanations. Originally, the organisation states the following regarding its perception on the economic condition in the sub-region:
6.1 ECOWAS Treaty of Lagos 1975:
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“The aims of the Community are to promote co-operation and integration, leading to the establishment of an economic union in West Africa in order to raise the living standards of its peoples, and to maintain and enhance economic stability, foster relations-among Member States and contribute to the progress and development of the African Continent”. (ECOWAS, 2010, p.5)
The underlying factor behind the establishment of an economic union was of utmost importance in order to accomplish economic independence. As this would enhance fiscal growth within each member state as they are required to cooperate economically. The organization initiates a form of legal authorization to balance power within the organization through common policies. The Balance of power between member states is perceived to ensure equality within the union. Further this guarantees that no member state will dictate or be superior to others (especially in issues regarding establishment of monetary and industrial policies). This is to avoid any form of totalitarian rule. (ECOWAS, 2010, p.5).
Above ECOWAS raises economic growth as their main incentive and this could be achieved through a “borderless trade union” that promotes equality.
“ACCEPTING the need to share the benefits of economic co-operation and integration among Member States in a just and equitable manner;” (ECOWAS Revised Treaty, 1993, p.3).
ECOWAS, unlike other organizations (such as the Un or OAU), has a responsibility in their charter to intervene within the walls of the member states if the stability and peace of the union is endangered by a crisis inside a member state (ECOWAS treaty, 1975, p. 5). The difference between ECOWAS & the UN’s approach to intervention is ECOWAS could resort to using military or threat of force to resolve conflict whereas the UN Security Council prefers to use diplomacy in the form of economic sanctions.
“AFFIRMING that our final goal is the accelerated and sustained economic development of Member States, culminating in the economic union of West Africa;” (ECOWAS, 1993, p. 3) This indicates that the initial goal was solely limited to economic cooperation. Although the incentive was to repair the economic decline in the sub-region, many issues occurred during the process of regional integration due to political instability and lack of democratic
governance.
6.2 ECOWAS policy on Mutual Defence and Assistance 1981:
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ECOWAS asserts that Mutual Defence and Assistance is the foundation that can only be achieved when all member states collectively ensure security by cooperating against any form of external threat. ECOWAS “RECALLING the Policy on Non-Aggression signed in Lagos on 22 April 1978 and the Policy on Mutual Assistance in Defence signed in Freetown on 29 May 1981, notably our resolve to give mutual aid and assistance for defence against any armed threat or aggression on a Member State;”(ECOWAS, 1993, p. 1).
Here, the regional body implies that security is the main issue, without safety in the region member states will not have the ability to economically develop. This prompted the urgency to add a defence policy to the Treaty due to two member states that fell victims of external attack (namely Guinea and Benin). It is urged that all member states must mutually support each other in the wake of a crisis (ECOWAS, 1981, p. 2). This led to the establishment of a multilateral military armed force to maintain stability and peace, named ECOMOG.
ECOMOG" means the ECOWAS Cease-fire Monitoring Group which constitutes the
Community’s intervention force as defined in Article 21 of this Policy;” (ECOWAS, 1993, p.
4). The table below shows the countries that the ECOMOG has carried out interventions in:
Table 1. Previous ECOMOG interventions
COUNTRIES YEAR PURPOSE:
The Gambia 2017 Restore democracy
Ivory Coast 2003 End the Ivorian
War
Guinea-Bissau 1999 To end the conflict
Sierra Leone 1997 End RUF-
Rebellion
Mali 2013 End the Malian war
Liberia 2003 To end the Liberian
civil war
The safety of the sub-region has heavily relied on a collective allied armed force as it was believed that all member state’s commitment is necessary in advancing regional security. In relation to this study, it can be asserted that ECOWAS policy aims to enhance stability in each member state by going on peacekeeping missions in attempt to restore peace in the region.
Although, the UN charter clearly states that an organization or nation should not use or
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threaten to use force to resolve conflicts. This policy is directed at external threats and less on the coup d’états and internal political crises that damaged the West African region in the early 70s and 80s. This signifies that the objective of the union has evolved from solely focusing on economic development to security and protection against threats.
6.3 ECOWAS policy on Mechanism for Conflict Resolution, Management, Peacekeeping and Security 1999:
“CONCERNED about the proliferation of conflicts which constitute a threat to the peace and security in the African continent and undermines our efforts to improve the living standards of our peoples;” (ECOWAS, 1993, p. 2).
ECOWAS’s stresses the importance of interventions due to previous complications that were encountered in previous peacekeeping missions. The revised treaty of 1993 was a
symbolization of ECOWAS’s pursuit of a lasting mechanism that will strengthen economic ties as well as enhance conflict management and resolution. The policy pertaining to the Mechanism for Conflict Prevention, Management, Resolution, Peace Keeping and Security was approved in 1999. It aims to focus on cross border crime and peacekeeping efforts.
In addition to this ECOWAS also highlights the importance of human rights efforts stating:
“CONVINCED OF the need to develop effective policies that will alleviate the suffering of the civil population, especially women and children, and, restore life to normalcy after conflicts or natural disasters, and desirous of making further efforts in the humanitarian sphere;”
(ECOWAS, 1993, p.2.)
“CONVINCED that cross-border crimes, the proliferation of small arms and all illicit trafficking contribute to the development of insecurity and instability and jeopardise the economic and social development of the sub-region” (ECOWAS, 1993, p.2).
To be able to understand the dynamic relationship between democracy and good governance as pertained to regional stability, ECOWAS was devoted to ensuring that; democracy, human rights, and lawful ruling were adopted within the sub-region. Heinous crimes and disregard of human rights was considered a setback that prevented regional success and development as the population was in no position to fight against suppression from the government.
Interventions could take place in the form of peacekeeping or peace enforcement as in the
cases illustrated above. The organisation writes that institutions that focused on democracy
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and good governance should be developed which entails an evolution from economic development to prevention of conflicts.
The organisation’s view of democracy:
“CONSCIOUS OF THE FACT that good governance, the rule of law and sustainable development are essential for peace and conflict prevention;” (ECOWAS, 1993, p. 2) ECOWAS considers the deep-seated political causes of conflict, instability and insecurity whilst dealing with addressing conflicts and after types of crisis. Which could be related to Jammeh’s refusal to step down. ECOWAS reacted by calling the government to “abide by constitutional and international obligations”. Further stating that “it is fundamental that the verdict of the ballot should be respected, and that the security of the president elect, and all Gambians are to be fully ensured” (ECOWAS, 2017). For Jammeh’s stance was unacceptable and posed as a threat to the Gambian population.
6.4 ECOWAS supplementary policy on Democracy and Good Governance 2001:
“CONCERNED also about the increasing incidence of conflicts caused by religious
intolerance, political marginalisation and non-transparent elections;”
ECOWAS aims to strengthen democratic governance through freedoms and rights that enhance constitutional governing in all member states. Countless totalitarian military and political governments made it difficult for the organisation to attain economic development in the region. This policy served as a definitive declaration of how military regimes and military engagement in politics conflicts with democratic and good governance. As the main purpose is to create an environment where political stability is ensured via productive involvement of the sub-region’s constitutional and political actors in governance, have a high value of democracy and good governance that contribute to stability at the regional level (ECOWAS, 2001, p.3).
“Every accession to power must be made through free, fair and transparent elections”, “Zero tolerance for power obtained or maintained by unconstitutional means” (ECOWAS, 2001, p.6)
ECOWAS strongly condemns military seizure of power stressing upon the fact that it is
considered as an infringement on civilians’ rights. This is because political rulers with
military backgrounds or are involved in a political party have demonstrated nondemocratic
ideals. Free and fair elections is out of the question, civil society will not access democratic
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freedom. Democracy will help alleviate lack of tolerance towards peaceful public
demonstrations which in terms of democratic effectiveness, are vital as a context and means of expression. This policy defines 12 constitutional principles shared by all member states.
Article 1b and 1c state that every accession to power must be through free, fair, and transparent elections, reflecting the principle of zero tolerance for power obtained by unconstitutional means (ECOWAS, 2001, p. 4-5). The policy also empowers ECOWAS to implement sanctions if democracy is abruptly ended or ignored. The sanctions range from suspension of decision-making rights within ECOWAS to any other intervention deemed appropriate by the organisation. This also indicates the evolution of ECOWAS’s ideas from economy to peace and security.
Part Two
6.5 ECOWAS restates commitment to peace, security, and democracy in The Gambia:
“NOTING that there could be no economic development without peace and security”
(ECOWAS, 2017)
ECOWAS emphasis on the utmost importance of peace and security. Arguing that they are a necessity and that stability will be attained only through peace. ECOWAS (and its member states) must ultimately ensure the safety of its population. Positions such as “commitment to sustainable peace, stability and democracy” and “solidarity with all member States” reaffirms that the organisation promotes regional cooperation and human rights which refers to their actions in the intervention. Overtime the organisation is geared towards being a regional security organisation.
“ECOWAS’ involvement in peace efforts in the new Gambia was its duty in line with the relevant protocols and instruments” (ECOWAS, 2017)
ECOWAS affirms their responsibility as the main regional body in West Africa to resolve crisis. The organisation believes that it operated from its policies and utilized several instruments (that the union collectively developed over time) in their attempt to restore
democracy. Which can be related to regional cooperation (in a sense) because the organisation
deems it necessary to collectively work together and to ensure that stability is re-established
in the country. This quote highlights a point clearly used by ECOWAS: namely that “peace
efforts” are aimed to provide peace and security for civilians (not only in The Gambia but
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within the entire region). This suggests that ECOWAS has developed as a regional actor that focuses on peace and security in the region.
6.6 How ECOWAS acted in The Gambian intervention:
In the case of the 1999 and 2001 policies, and, the ECOWAS commissioner’s statement in 2017, The Gambian intervention falls under conflict resolution and democratic ideas
(specifically the protection of human rights, peace and security). Due to the idea that national stability is more important than the state, thus it is the state’s obligation to ensure democracy and good governance in all member states. ECOWAS mainly relied on its policies to fulfil its obligation and commitment to restoring a democratic constitution in The Gambia. The
analysis of the progression of ECOWAS highlighted its emphasis on their collective
responsibility to protect its population under any circumstance. The policy on Mutual Defence and Assistance was used in intervention to defend the Gambian people during the crisis, led by Nigeria and Senegal. The intent was to gather military forces from member states and collectively deploy them to the Gambia to restore democracy which is in contrast with the 1999 policy that focused on mechanism to combat or intervene in the conflict. The policy on conflict resolution was the most used in the intervention, due to Jammeh's breach of the organization’s laws on “free and fair” elections. It was implemented as a collective approach to security, promotion of human rights protection and constitutional governance. And
democracy could only be restored if Jammeh peacefully steps down.
As a member of ECOWAS, The Gambia is obligated to take ECOWAS directive. In this case,
the 1999 policy relating to peacekeeping mechanism (which demands the losing candidate to
concede defeat) and if the policy is not followed then the organization must intervene to restore
stability in the nation. The policies relating to peace and security, and good governance should
be viewed as fulfilled under the regional security development of West Africa, because the
organization acted against an unconstitutional rule of law. Interestingly, the analysis of the
above policies illustrated in the goals and ideologies towards the development of the sub-
region. Which further explains why the Gambian intervention was likely to happen, given the
objectives of the policies and statements on – “Conflict Resolution, Management,
Peacekeeping and Security”,” Democracy and Good Governance”, “Mutual Defence and Assistance, andECOWAS restates commitment to peace, security and democracy in The
Gambia”. The 1999 and 2001 policies show ECOWAS’ commitment to promote democracy
and good governance and to adopt the R2P by ensuring that law and order are maintained,
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protect the human rights and security of the people, democracy, and good governance are instilled within member states.
7. Conclusions & Discussions 7.1 Conclusions
The previous chapters have illustrated the role and the evolution of the ECOWAS as a
regional actor in West Africa. It is evident that the organisation that was founded on economic principles subsequently evolved to become a prominent security organisation. This was achieved through the adoption of new policies regarding peace, security, democracy, and good governance. Over the years these new policies have become ECOWAS’s main
objective. ECOWAS emphasising on the fact that these new policies are not only required but of utmost importance for economic growth. Arguing that the absences of the above-mentioned policies would hinder economic development in the region. In addition to the economic factor ECOWAS stressed on the importance of implementing democracy and providing peace and security for its member states. As it did during the Gambian crisis. The ECOWAS military intervention to resolve the internal crisis and the threat to use of force caused a stir in the international community and differing opinions as mentioned previously by Wabuke (2019).
The reason for this is how one chooses to analyse the intervention. ECOWAS acted in accordance to its charter that justified it as lawful. However, it is especially important to note that regional organisations (ECOWAS for example) are expected to be sub-ordinate to international law, and certain action or interventions could be considered unlawful and an infringement on the sovereignty of a state under international law. Whether the intervention was justified or not, it is however evident that ECOWAS fulfilled and carried out its role as a regional security organisation as well as implementing its policies in terms of restoring democracy in the country and providing peace and security for the people of the Gambia.
Therefore, this thesis argues that the ECOWAS has developed from an economic organisation to becoming the prominent security organisation in the region. This is due to the enhanced treaties and policies that have been added. As a result of this ECOWAS was able to facilitate negotiations and maintain peace and security in The Gambia.
7.2 Discussion
ECOWAS’s argument that an unconstitutional administration within the region violates
human rights makes it difficult not to – when the (1999 & 2001) policies (and their statement
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in 2017) were applied most in the Gambian intervention – acknowledge that the organization has evolved into a more political actor in the sub-region. I have indicated, in the analysis, to references aimed to explain their efforts regarding peace and security. Explanations such as
“zero tolerance for power obtained or maintained by unconstitutional means” are used about government administrations, it can be viewed as description of how the ECOWAS’s policies (used in this study) were used in the Gambian intervention. Which makes the progression of ECOWAS as a regional actor vital to discourse when evaluating governance in West Africa.
Suggestion for future research could be to do a comparative analysis (on ECOWAS & the Au) to try to find out how future dictatorship within the region could be affected by the Gambian intervention.
8. References
Printed Sources
A. Roberts, B. Kingsbury, “Introduction: The UN’s Role in International Society since 1945”, in A. Roberts and B. Kinsgsbury (eds.) United Nations, Divided World, (Oxford:
Clarendon Press, 1993), p. 30 (Accessed 2019-12-05)
A. F, K. Organski, World Politics, (New York: Alfred A. Knopf, 1958), p. 461 (Accessed 2019-12-05)
Baylis J, Smith S, Owens p.; (2017). The Globalisation of World Politics. (7 uppl.). Oxford, Storbritannien. Oxford University Press (Accessed 2020-06-27)
Bergström G, Boreus Kristina (red.). (2009). Textens mening och makt: Metodbok I
samhällsvetenskaplig text- och diskursanalys. 2 uppl. Studentlitteratur AB, 2009. (Accessed 2019-12-07)
Esiaasson P, Gilljam M, Oscarsson H, Wängnerud L. (2012). Metodpraktikan. Konsten att studera samhälle, individ och marknad. 4:1 uppl. Elanders Sverige AB, Vällingby 2012 (Accessed 2019-11-30)
Kupchan C. A. “The Promise of Collective Security,” International Security, Vol. 20 (Summer 1995), pp 52-53 (Accessed 2019-12-08)
Hjerm, M, Lindgren S, Nilsson, M. (2017). Introduktion till samhällsvetenskaplig analys. 2 uppl. Tryck dimograf, Polen 2017. (Accessed 2019-12-19)
Johnson. H.C and Niemeyer. G, “Collective Security: The Validity of an Ideal,” International Organization, Vol. 8 (1954), pp 19-20. (Accessed 2019-12-10)
Electronic sources
Access Gambia. (2017). Colonial History of Gambia.
(https://www.accessgambia.com/information/history.html)(Accessed 2019-12-06)
24
BBC NEWS. (2017). Gambia crisis: Jammeh misses second deadline to step down.
(https://www.bbc.com/news/world-africa-38686144) (Accessed 2019-12-06)
BBC News. (2017). Gambia crisis: ECOWAS 'could send troops' if Jammeh refuses to go.
(https://www.bbc.com/news/world-africa-38302533)(Accessed 2019-12-03)
BBC News. (2017). Gambia crisis: Barrow sworn in in Senegal as Jammeh stays put.
(https://www.bbc.com/news/world-africa-38675741) (Accessed 2019-12-22)
Williams, A. (2013). Impact of ECOWAS policies on political and economic integration of the West African Sub-region. Vol.1, No. 2, pp.47-58. International Journal of Physical and
Human Geography. Published by European Centre for Research Training and Development.
(Accessed 2019-11-30)
ECOWAS. (2017). Joint ECOWAS-AU-UN Statement on the occasion of swearing- in Ceremony of H.E. Adama Barrow, President-Elect of the Republic of the Gambia.
(https://www.ECOWAS.int/joint-ECOWAS-au-un-statement-on-the-occasion-of-the-
swearing-in-ceremony-of-h-e-adama-barrow-president-elect-of-the-republic-of-the-gambia/) (Accessed 2020-01-02)
ECOWAS. (1981). POLICY RELATING TO MUTUAL ASSISTANCE OF DEFENCE.
(http://www.operationspaix.net/DATA/DOCUMENT/3827~v~Policye_d_Assistance_Mutuelle
_en_matiere_de_Defense.pdf ) (Accessed 2019-11-29)ECOWAS. (1999). POLICY RELATING TO THE MECHANISM FOR CONFLICT PREVENTION, MANAGEMENT, RESOLUTION, PEACE-KEEPING AND SECURITY.
(https://www.zif-
berlin.org/fileadmin/uploads/analyse/dokumente/ECOWAS_Policy_ConflictPrevention.pdf)
(Accessed 2019-11-29)
ECOWAS. (2001). POLICY ON DEMOCRACY AND GOOD GOVERNANCE.
(http://www.internationaldemocracywatch.org/attachments/350_ECOWAS%20Policy%20on
%20Democracy%20and%20Good%20Governance.pdf) (Accessed 2019-11-29)
ECOWAS. (2017). ECOWAS restates commitment to peace, security, and democracy in The Gambia. (https://www.ECOWAS.int/ECOWAS-restates-commitment-to-peace-security-and- democracy-in-the-gambia/) (Accessed 2020-05-26)
ECOWAS. (2016). The Chairperson of ECOWAS speaks on the current political situation in The Gambia. (https://www.ECOWAS.int/the-chairperson-of-ECOWAS-speaks-on-the- current-political-situation-in-the-gambia/) (Accessed 2019-11-31)
ECOWAS. (1975). TREATY OF ECONOMIC COMMUNITY OF WEST AFRICAN
STATES.(http://www.internationaldemocracywatch.org/attachments/351_ECOWAS%20treat
y%20of%201975.pdf) (Accessed 2019-11-28)
25
ECOWAS. (2016). ECOWAS, African Union and UN statement on the political
developments in the Gambia. (https://www.ECOWAS.int/ECOWAS-african-union-and-un- statement-on-the-political-developments-in-the-gambia/) (Accessed 2019-12-22)
ECOWAS. (2016). ECOWAS, African Union and UN Statement on the Gambian December 1 Presidential Elections.
(https://www.ECOWAS.int/ECOWAS-african-union-and-un-
statement-on-the-gambian-december-1-presidential-election/) (Accessed 2019-12-16)
ECOWAS. (2016). President Sirleaf Leads High-Level ECOWAS Delegation to The Gambia.
(https://www.ECOWAS.int/president-sirleaf-leads-high-level-ECOWAS-delegation-to-the- gambia/) (Accessed 2019-12-07)
Wabuke, E. (2019). Regional Organizations’ Application of R2P: The ECOWAS Military
Intervention into the Gambia.Institute of Advanced Studies in International Criminal Justice.
(Accessed 2019-11-30)
