10
5.
Any amendment or revision of the constitution or legal instruments,
which is an infringement on the principles of democratic change of
government.
Article 24
When a situation arises in a State Party that may affect its democratic political
institutional arrangements or the legitimate exercise of power, the Peace and
Security Council shall exercise its responsibilities in order to maintain the
constitutional order in accordance with relevant provisions of the Protocol
Relating to the Establishment of the Peace and Security Council of the African
Union, hereinafter referred to as the Protocol.
Article 25
1.
When the Peace and Security Council observes that there has been an
unconstitutional change of government in a State Party, and that
diplomatic initiatives have failed, it shall suspend the said State Party from
the exercise of its right to participate in the activities of the Union in
accordance with the provisions of articles 30 of the Constitutive Act and 7
(g) of the Protocol. The suspension shall take effect immediately.
2.
However, the suspended State Party shall continue to fulfill its obligations
to the Union, in particular with regard to those relating to respect of human
rights.
3.
Notwithstanding the suspension of the State Party, the Union shall
maintain diplomatic contacts and take any initiatives to restore democracy
in that State Party.
4.
The perpetrators of unconstitutional change of government shall not be
allowed to participate in elections held to restore the democratic order or
hold any position of responsibility in political institutions of their State.
5.
Perpetrators of unconstitutional change of government may also be tried
before the competent court of the Union.
6.
The Assembly shall impose sanctions on any Member State that is proved
to have instigated or supported unconstitutional change of government in
another state in conformity with Article 23 of the Constitutive Act.
7.
The Assembly may decide to apply other forms of sanctions on
perpetrators of unconstitutional change of government including punitive
economic measures.