The ECOWAS Protocol on Democracy and Governance
The ECOWAS Protocol on Democracy and Good Governance Article 1, emphasizes on separation of powers, and among others the independence of the Judiciary and judges.
The Protocol is also clear on the secularism and neutrality of the State in all matters relating to religion, but does not preclude the right of the State to regulate with due respect to human rights.
Besides, ECOWAS protocols such as this one are binding. What that means is that, for a constitutional monarchy that operates quite differently, it remains to be seen how Morocco can subject itself to these universal principles of this particular ECOWAS protocol.
African integration dynamics
In March 2006, at an AU Summit in Banjul, the African Union — in its wisdom — decided and resolved to rationalise the numerous regional economic communities (RECs) from 14 to 8, so that each region would have its own “regional” reference. This meant that, for example, West Africa’s REC would be recognised as ECOWAS (even as there is UEMOA / etc); and in Central Africa (where discussions to rationalise the groupings there are far advanced than in West Africa), the only REC would be ECCAS.
Now, something seismic is happening in Africa’s integration. The request by North Africa’s Morocco to join ECOWAS does not only complicate Africa’s integration efforts, but makes nonsense of that 2006 decision as it will set a horrible precedent for any country to find justifiable and self-serving reasons to join any REC they want. We do know Rwanda re-joined ECCAS last year, and now belongs to both the East African Community and ECCAS. This may be problematic but not at the scale of Morocco wanting to join ECOWAS.
This Moroccan request has been troubling since the news broke. Algeria, long-term nemesis of Morocco, is deeply-troubled by Morocco’s request. In articles in both the Moroccan and Algerian press, it is clear there is no love lost between the neighbours, and that Algeria remains confused by Morocco’s apparently, inexplicable turn to West Africa.
In the event that Morocco’s adhesion to ECOWAS happens, it will serve a bad precedent for Africa’s integration by allowing any AU Member State to subject the flawed AU to its whims and caprices. Already, that Chad got the AU Commission position over Kenya’s Amina Mohammed by just two votes reflects, it is speculated, how Deby used his influence as AU Chair to leverage and rally support for the dark horse that was Chad’s Moussa Faki Mahamat.
Although one has yet to read of or detect any resistance from the West African diplomats in Abuja, what we now know is that, the Togolese government has registered its opposition. In a faux pas by the state-supporting republicoftogo.com, it posted days after the request to join ECOWAS on February 24 that the Togolese government “is not hostile to the adhesion” of Morocco. Now, an article on the same site that was posted March 3, explained that the Presidency had denounced the assertion that he would use all his influence to support Morocco’s bid.
A recent interview of ECOWAS Commission President Marcel de Souza to RFI sounds neutral in its opinion of the fate of Morocco. When you read between the lines, de Souza’s insistence that it will be up to the Authority of Heads of State to decide, — and that admitting Morocco will set a “precedent” — speaks volumes about the fate of Morocco.
Why Ecowas, and not CEN-SAD
Even more curious is why Morocco did not opt for the 28-member CEN-SAD, which was established by the late Qaddafi in 1998.
In 2014, at the cusp of Morocco’s hosting of A CEN-SAD meeting, Carnegie Endowment wrote “Of these alliances, CEN-SAD must be particularly attractive to Morocco, for several reasons. Its preeminence in the organization will likely go uncontested; no other member has the spur, stature, and stability to lead it. Other potential leaders (namely Nigeria and Kenya) are firmly ensconced as anchor states in existing, functional RECs—Nigeria in the Economic Community of West African States (ECOWAS) and Kenya in the East African Community (EAC), among others.”
It went on to argue, “Egypt remains deeply embroiled in regional diplomacy and its own internal affairs, and Algeria’s absence from CEN-SAD should allow Morocco free reign to guide the organization independent of its neighbor. Moreover, the Kingdom may enjoy novel forms of influence within a REC based on a projection of Africa’s Arab and Muslim North into the continent’s South; CEN-SAD, apparently an abbreviation taken from Arabic letters sin and sad (for al-sahil and al-sahara), covers over half of Africa’s nations, and what unites such a diverse set of countries—from the Gambia to the Comoros, and Somalia to Sierra Leone—more than any connection to ecoclimatic or environmental conditions, is Islam.”
Chad and Morocco share an important affinity: both have sought to become members of ECOWAS, and both have played instrumental roles in CEN-SAD, too.
The Chad factor
In 2011, Chad was, in fact, granted observer status of ECOWAS. Then the Mali coup happened in 2012 — and suddenly, Chad was offered support to the Africa-led support mission in Mali (AFISMA) to the tune of around 3000 troops, which is around a third of what all ECOWAS troops offered.
One of the critical reasons why Chad was an important country to look out for was what happened in February 2013 when Chad’s President Idris Deby hosted some eleven leaders of the CENSAD regional economic community. The capital N’djamena played host to what should have been twenty members of the populous grouping. Even if a little over a third of the Heads of State showed up, it was encouraging to see that the 17 other member states dispatched representatives. Furthermore, it has shown that the raison d’être for the establishment of the grouping might still be relevant.
Some of the major outcomes included a revision of the Charter, to reflect the fact that the organisation is interested in two major things: peace and security; and sustainable development. Two permanent organs will be established to this end, and Egypt is likely to host the peace and security organ. That Egypt was, in 2016 at a CEN-SAD meeting, recommended as the headquarters of the host of Counter-terrorism Centre, speaks to a level of confidence reposed increasingly by African states of North African countries on security matters.
One wonders, given Morocco’s acknowledged world-class expertise on counter-terrorism, why it did not consider using CEN-SAD as an opportunity to reinvent itself on the continental stage — as it appears it wants to do by joining ECOWAS. The real question — as may be asked of Tunisia that has also expressed an interest in joining ECOWAS — is whether ECOWAS really needs Morocco!
https://www.ghanabusinessnews.com/2017/03/09/morocco-applying-to-join-ecowas-issues-to-consider/