AFRICA UNION

YOUTH CONSULTATION ON THE 2nd ANNUAL HIGH LEVEL DIALOGUE ON GOVERNANCE AND DEMOCRACY IN AFRICA: TRENDS, CHALLENGES AND PROSPECTS
DAKAR, SENEGAL, NOVEMBER 2013

THEME: ENHANCING CONSTITUTIONALISM AND RULE OF LAW IN AFRICA
Contact details: Addis Ababa University, OSSREA Mr. Liranso Gebryohannes Email: lirea.psych@gmail.com Cell phone: +251 913206696 Facebook: facebook.com/lireapsych.gyohannes Website: http://www.aau.edu.et Addis Ababa, Ethiopia Nov, 2013

Introduction
The rule of law is one amongst a number of principles that are together regarded as under-girding the Africa Union (AU) constitution and common to the AU Member countries. This concept paper first asserts that the rule of law and constitutionalism can be accurately described in relating to AU roles. Then, the rule of law and in the AU’s constitutional framework was noted in light of these shared traits of democracy faired in our country over the last five years. An attempt at distinguishing on the young people efforts in the democratic processes features of the AU rule of law was described. Moreover, this paper employed young people views in elections and constitutional participation of young people in electoral and democratic processes. Finally, it suggests that a vital recommendation, the AU rule of law have progressively and rightfully become a dominant national paradigm, a multifaceted of the rule of law and constitutionalism.

Background
Nowadays, Africa Union plays an important role in strengthening the constitutional democracy and the rule of law. For example, AU plays various creativities undertaken in the fields of human rights and constitution building. AU is also increasingly seeking to strengthen constitutional governance in their member countries by developing monitoring structures that discard and authorize unconstitutional transfers of power. In order to sanction unconstitutional transfers of power, the rule of law is a cornerstone of contemporary constitutional democracy as was underscored by its role in strengthening the constitutional democracy in Africa and elsewhere. In the broadest terms, the rule of law requires that the state only subject the citizenry to publicly promulgated laws that the member countries legislative function is separate from the adjudicative function and that no one within the polity is above the law. On the other hand, in the absence of the rule of law, contemporary constitutional democracy would be impossible. Beyond that, however, it is not clear what precise characteristics the rule of law must possess to help sustain constitutional democracy, what specific role it must assume to ensure a working constitutional democracy for young people, or how it might ultimately contribute to the legitimacy of constitutional democracy.
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Furthermore, the constitutional practices for young people under the rule of law are vital. Though, constitutional democracy is subjected to discuss in clear setting. It does not necessarily follow from this, but, that constitutional democracy under the rule of law is always crucial or the best alternative. In some cases, constitutional democracy could be desirable manner. For example, in a close joined homogeneous society like Ethiopia that is deeply religious and ruled by esteemed leaders who are widely believed to have direct access to divine commands, a theocracy would plainly seem more appropriate than a constitutional democracy. In such a society, instructions and directions imparted by the religious leaders would be paramount, leaving little, if any, room for the rule of law. Therefore, the youth consultation on the 2nd annual high level dialogue on democracy recognized the work and experiences of AU countries in rule of law, and constitutionalism. In the responsiveness of netting and understanding in greater detail the contributions and lessons of the rule of law and constitutional governance”.

The Current Scenario of Ethiopia
The Government of the Federal Democratic Republic of Ethiopia (FDRE) has undertaken measures that enable youth to be citizens with democratic outlook, professional competence, skill and ethics so that they can actively, efficiently and widely participate in and benefit from the country's ongoing activities that are aimed at attaining a democratic system and accelerated development. To this effect, the Government was established in such a way as to follow-up, direct and co-ordinate youth affairs at highest government structure level. Besides, the government believed that the active participation of all segments of the youth is an important element to bring about accelerated political, economic, social and cultural development of the country. Since the youth are not only receptive to new ideas but also have the potential capacity for creativity and productivity, they can play a major role in all sectors of development. In order to translate their potential energies and capabilities into fruitful action, however, they need favorable environment. If these conditions are not satisfied, they can immediately fall into the depth of desperation, neglect everything and can become passive observers of the activities undertaken in the society. Not only that, they will also be exposed to social evils. Fully cognizant of this, the government of Ethiopia has given special attention to addressing youth issues.
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Accordingly, this country have established structure that is concerned with and taking care of youth affairs. After having formulated policies and strategies, Ethiopia is in the process of carrying out excellent, organized and integrated constitution and rule of law activities. Moreover, in Ethiopia, the fact that proper attention has been given to addressing youth issues and their organizations, therefore, constitutionalism and rule of law among youth, family, society, other partners and government had easily been created. Various governmental institutions, in line with their respective policies which they have formulated to realize their missions, have been making efforts to address the needs of youth. However, these efforts are not being made in an integrated and excellent manner. Consequently, there were in normal conditions under which the youth could actively and effectively participate in the process of constitutionalism and rule of law and perform multi-faceted tasks that would help accelerate holistic development, which would in turn ensure their benefits and that of their society. On the other hand, a favorable political environment is prevailing in present day Ethiopia. Constitutionalism and rule of law have been formulated and the government has taken a firm position towards translating these issues into practical action. More than at any time in the past, priorities and serious attention have been given to constitutionalism and rule of law capacity building activities with a view to effectively implementing these efforts. The government has, in line with the duties and responsibilities vested in it, prepared National Youth Policy with a view to creating conducive environment under which the youth is developing a shared vision and national consensus and nurture a sense of ownership on national issues and issues concerning themselves, and participate in their constitutionalism and rule of law endeavors and benefit fairly from the outcomes of the efforts. Thus, this paper also presents the objectives, and recommendations to indicative work plan of constitutionalism and rule of law.

Objective
This high level youth consultation on “enhancing rule of law and constitutionalism” will seek to: Facilitate experiences sharing to learn from one another and bring these experiences back to their respective countries, subject to their respective mandates. Take critical mandates and activities on upholding and strengthening the rule of law and constitutionalism. This consultation taking will promote understanding between the AU

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member countries and identify common challenges and areas for cooperation and possible synergies. Explore mechanism of cooperation for rule of law and constitutionalism among their member countries. Experience shared and practices adopted to meet challenges and limitations will be identified.

Expected Outputs
The expected outputs of the consultation are: a publication, which will be drawn from the papers, selected as inputs to the consultation and could be launched at the next High Level consultation. Share best experiences and practices with participants on how to strengthen constitutionalism and rule of law issues in Africa. Moreover, the consultation testimony of proceedings, including a follow-up programmes, subject to the respective mandates and agreed upon by all participants, which will be presented to the next High Level consultation.

Recommendations
Moreover, based on the concept note made above, the following recommendations were forwarded: 1. The youth to discuss based on their practical experiences and finally generate a reliable stage for cooperation and collaboration in order to ensure a better dispensation of constitutionalism and rule of law at all areas. 2. Enhancing of constitutionalism and rule of law, its aspirations, both in the context of building allinclusive culture that complies with the its aspirations of youth as well as in the prospect of a better rooting of values that promotes the democratic model. 3. To the effective implementation of the constitutionalism and rule of law, maintaining continuous awareness of the issues is recommended. 4. Strengthen the existing cooperation amongst the various African constitution system and rule of law in more authorities. Moreover, it helps to set up and or reform existing systems in order to effectively monitor and evaluate the constitutionalism and rule of law activities.

For further Information:
Mr. Liranso Gebryohannes: Email: lirea.psych@gmail.com Prof. Habtamu Wondimu, President of OSSREA E-mail: contactwondimu@gmail.com 4

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