The AU Commission and Sudan’s Membership

Dr. Hassan Issa Al-Talib

According to the Accra Declaration on Unconstitutional Changes of Government and the principles of the African Charter on Democracy, Elections, and Governance (ACDEG), which established the African Peer Review Mechanism (APRM)—a mechanism Sudan joined in 2006—the overthrow of elected governments, regardless of the circumstances, must be categorically rejected in all forms, as stated in the Charter:
“…emphasize that unconstitutional changes of government, in any circumstances, should not be entertained or justified.”
This specific provision is what the African Union Commission failed to uphold in the case of Sudan when Lieutenant General Awad Ibn Auf, the Minister of Defense, announced on national television in April 2019: “The overthrow of the regime and the detention of its head.”
It is well known that President Omar al-Bashir was elected and recognized by the African Union, and he did not resign. Furthermore, Dr. Abdalla Hamdok, the head of an unelected government, was not elected himself and led a regime without a parliament or legislative council. His government came to power through an alliance with military figures who were part of the previous regime. He later resigned publicly in January 2022, despite appeals from concerned citizens to remain in office and address the political crisis. At the time, there were clear signs of security disintegration, threats of war from some of his supporters, widespread protests, and the blocking of national roads in most regions, including the East, the Nile River, Northern State, Gezira, and others.
Dr. Hamdok attributed his refusal to reconsider his resignation to the lack of support from the political forces that brought him to power. He chose to comply with the decision of the ideological faction over the sacred national duty of unifying the Sudanese people, respecting their diversity, and acknowledging their differences. This priority many believed should have taken precedence if the goal was genuine reform, the higher good, selflessness, and elevating the nation above party, faction, sect, or ideology.
In general, the African Union is currently facing legal and ethical criticism from global human rights organizations, some African heads of state and government, and regional bodies, urging adherence to its founding Charter, which serves as the constitution of the African Union. There is international pressure on the new Chairperson of the Commission, Mr Moussa Faki Mahamat, to implement structural reforms and reach realistic solutions to preserve the Union from disintegration. Given the current situation in Sudan and the popular support for the de facto authority in the Sudanese street, and considering that the Sudanese people are the source of sovereignty, their satisfaction and consensus on the governing system in these circumstances should be the basis for legitimacy until general elections are held, which are expected to be monitored by the African Union and the international community. There are also concerns about the potential spread of chaos to neighbouring countries and the region due to the ongoing war.
Another concern is the growing trend of Sahelian countries, starting with Niger, Mali, and Burkina Faso, withdrawing from some regional organizations, which are considered the building blocks of the African Union. There is genuine fear that other countries in the region may follow suit, as the aforementioned countries have already withdrawn from the Economic Community of West African States (ECOWAS) and refused to return even after the suspension of their membership was lifted. Instead, they formed the Alliance of Sahel States (AES) and are currently working to establish an alternative, effective confederal system.
Additionally, there is the issue of the bleeding Democratic Republic of Congo (DRC), with some member states of the East African Community (EAC) and the Southern African Development Community (SADC) considering similar solutions to those of the Sahel states. This comes after the governments of the DRC, Burundi, South Africa, and Angola accused Rwanda and Uganda of intervening and supporting rebel groups like the M23 movement, which has occupied areas in eastern DRC.
There is a real and potential fear of the collapse of regional organizations that have been accused of failing to adhere to the African Union’s unifying slogan: “African solutions to African problems.” The African Union Commission is also accused of aligning with foreign powers, exporting the continent’s problems to external parties, and adopting political solutions that do not serve the African Agenda 2063, which represents the agreed-upon strategic roadmap for Africa.

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