democracy in the West African region with the“ASP 1/12/01 Protocol on Democracy and Good Governance”, in addition to the Protocol relating to the Mechanism of Prevention, Management, Conflict Resolution, Peace Keeping and Security. This protocol has brought out principles considered as being common to all states of ECOWAS: the separation of powers, the development of parliaments, independence of justice, and freedom of the Bar. The protocol considers elections as the only valuable means to have access to power, it condemns unconstitutional changes, poses the principles of popular participation in making decisions, the confinement of the army, secularism of the state, respect for fundamental rights, and freedom to create political parties. Precisely this text prohibits any substantial reform of the electoral law within six months preceding elections without the consent of a large majority of the political stakeholders/actors. It prescribes the regular organization of elections at a particular date, the observation of elections and the assistance from the ECOWAS. In addition to the constitutional and electoral principles, the protocol addresses good governance principles and recommends the promotion of women and children's rights. To ensure the respect of these provisions and to avoid manipulation of the constitutional norms by the leaders, the protocol makes provisions for sanctions applicable to states in the event of nonobservance of the principles. On the particular point of elections which interests us here, the protocol draws up a list of principles that states are required to respect. Based on this sub-regional instrument of guarantee of the democratic principles, it would be wished that, on the scale of ECOWAS, a mechanism be set up to follow-up the violations of the basic principles governing elections by states; this mechanism would need the support of ECOWAS. The set up of this mechanism will be used to draw attention to countries where civil peace, democratization and development are in danger. Thus the protocol is at the same time a good basis and a source of legitimization for the 216
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