controlling power: presidential term limits...katiba institute is grateful to the national...

Controlling Power: Presidential Term

Limits

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Controlling Power: Presidential Term Limits

Acknowledgements The main responsibility for drafting of this book was taken by Katiba Institute’s Programmes Department’s officers Kevin Mabonga and Ben Nyabira. The book was edited by Katiba Institute’s director Jill Cottrell Ghai who also contributed to its content. We would also like to acknowledge Prof. Yash Pal Ghai and Christine Nkonge for providing leadership in the development process. Special appreciation to Chris Kerkering for reviewing the publication, Mercy Pesa for undertaking some research for the publication and Patriciah Joseph for commenting on the initial draft.

Katiba Institute is grateful to the National Democratic Institute (NDI) for providing financial support for the development of the publication which is part of the KI’s NDI funded project – ‘promoting democratic governance through control of power’.

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PrefaceThe booklet explains the concept of control of power with a focus on presidential term limits and how term-limits contribute to good governance. It discusses the importance of respect for presidential term limits and developments in Africa and other continents. The publication also captures “the Niamey declaration” resulting from the Constitutional Term Limits Summit in Niamey, Niger. The Summit focused on existing challenges of democratic consolidation and solutions to ensure the peaceful transfer of executive power across the continent.

The book aims to help people understand the importance of term limits, encourage and empower them to demand respect for constitutional limits on power and the rule of law in general.

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Table of contents

Acknowledgements ............................................................................................ 1

Preface ........................................................................................................... 2

1.0 Introduction .............................................................................................. 4

2.0 Democracy and respect for presidential term limits .................................. 6

2.1 Introduction ............................................................................................ 6

2.2 Respect for constitutional term limits in Africa ....................................... 7

Table 1: Systems of government ............................................................... 12

3.0 Control of power through presidential term limits and good governance 14

3.1 What is control of power?...................................................................... 14

3.2 Importance of term limits – to help manage misuse of power ............... 17

3.2.1 Brief history of term limits .......................................................... 17

3.2.2 Why term limits? ........................................................................ 19

4.0 Developments on Respect for Presidential Term Limits .......................... 23

5.0 Annex ...................................................................................................... 24

Table 1: Presidential (or monarchs) Terms and Term Limits in Africa ................ 26

Table 2: Presidential (or monarchs) Terms and Term Limits in South America ............................................................................................... 30

Table 3: Presidential (or monarchs) Terms and Term Limits in North America and the Caribbean ................................................................. 30

Table 4: Presidential (or monarchs) Terms and Term Limits in Australasia / Oceania ................................................................................ 32

Table 5: Presidential (or monarchs) Terms and Term Limits in Asia ........................................................................................................... 34

Table 6: Presidential (or monarchs) Terms and Term Limits in Europe ....................................................................................................... 37

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1.0 Introduction

Power tends to corrupt and absolute power corrupts absolutely. Great men are almost always bad men, even when they exercise influence and not authority.Lord Acton, 1887

If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions. James Madison, 1788

On 28th July 2015 while speaking at the headquarters of the African Union in Addis Ababa, former US President Barrack Obama outlined the importance of presidential term limits:

“Today, Africa’s democratic progress is also at risk from leaders who refuse to step aside when their terms end…. When a leader tries to change the rules in the middle of the game just to stay in office, it risks instability and strife, as we’ve seen in Burundi. And it’s often just a first step down a perilous path. But if a leader thinks they’re the only person who can hold their nation together, then that leader has failed to truly build their country.

President Obama observed that presidential term limits are crucial to the growth of a country’s democracy including its peace, and general stability and that it can also be an indication of the incumbent’s trust in, and contribution to the growth of, its citizens.

What do we mean by “term limits”?Traditionally Kings (and less often Queens) reigned for life. But for modern heads of government – particularly presidents – usually there is some limit on how long they can remain in office. In a democracy, of course, they cannot remain in office if they are voted out in an election. But when we talk about term limits we mean that, even if the people would have elected them again, that is not possible. After having been in office for a certain time, they are simply not allowed to stand for election again. This is written into very many constitution (as we show in the table in the annex).

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You may wonder why this is so. If the people want a particular leader to continue, should they not be able to have him or her? Our hope is to explain why this rule is so common. We also want to relate this rule to the broader idea that governments do not – and should not – have unlimited power, however many people voted for them.

If President Obama’s assertion that respect for presidential term limits is crucial to democratic progress is true, how is it that leaders in various countries can change the rules of the game by interfering with the presidential term limits? The last decade, particularly, has seen an emerging trend of leaders openly rejecting the idea of presidential term limits by changing or attempting to change the term limits. In some of those countries, the changes have taken place through a referendum - which would be interpreted to mean that people in such countries support the changes. In other cases, the changes take place in Parliament. There are also place where constitutional presidential term limits are not yet in place. How can the people can play a role in the establishment of term limits - or against removal of term limits where they are in place? First, they need to understand the link between term limits and good governance- so how term limits may affect their lives. But how big is the problem in Africa?

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2.0 Democracy and respect for presidential term limits

2.1 Introduction

Democracy is about citizens having the ability to decide a form of government that they want, who is to serve in that government and how that government works.

On the form of government, it means that the citizens have the power to decide the kind of government structure that they would like to adopt in governing themselves. The opportunity does not occur very often –usually when a country is making a (new) constitution. The United Nations Human Rights Committee held that there was a human right to participate in making one’s country’s constitution. The three main systems of government are the parliamentary system, the Presidential and the hybrid or semi-Presidential . Several countries still have systems of government with a monarch (King or Queen) at their head – but in almost all (except Saudi Arabia and Swaziland) that monarch has very few powers of government but is a largely ceremonial head. While deciding on its system of government, a country will be informed by the country’s dynamics such as diversity of its people and the size of the country, underlying the decision is (or should be) the issue of what system can best facilitate good governance. Local tradition will also be important.

While a system of government is important, the criteria for determining who is to serve in that government at what time and for how long also matter a lot. The form of government tends to determine how leaders are chosen- including who can be chosen and for how long. Very few parliamentary systems have tried to introduce term limits for their heads of governments – usually called the prime minister. There are two main reasons for this. First it is commonly easier to remove a prime minister than a president: usually a simple majority of the MPs can remove the prime minister, but removing a president is much harder. Second, it is quite common for parliaments in parliamentary systems not to have a fixed life. They have a maximum term, but may be dissolved (and an election called) earlier. So, the idea of “the term” of the prime minister does not make so much sense, and if there was a rule that the prime minister must, for example, not serve for more than eight years, he or she might have to leave office part-way through the life of Parliament, when no election was due. The German Chancellor and the UK Prime Minister, for example, are elected in parliamentary systems where it is easier to remove them from office than to remove presidents in Presidential s. Ironically, however, most parliamentary systems do have limits for the formal head of

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state (unless they are monarchs). This is true of India, Pakistan, Bangladesh, Germany, Malaysia,and Israel, among others.

Presidential s on the other hand tend to have term limits. Where the President is the head of government and of state, and is elected directly by the people, he/she is shielded from losing office because that mandate comes directly from the people. If the legislature, for example, successfully impeaches him, the person can still contest and win the presidency again. In France, a semi-Presidential , where the President and Prime Minister both have governmental powers, the former alone has a term limit.

In the UK, like most monarchies the Queen holds a ceremonial position that should not interfere with the will of the people in day-to-day government decision making. She reigns but does not rule.

Lastly, and perhaps most important, is how the government works. Democracy is about helping to meet the needs of citizens; it is people focused and, as such, among its elements is limiting the powers of the rulers so that the people have a realistic opportunity to determine who is to govern them depending on whether they are governing well. Term limits, therefore, offer the people the opportunity to change their leaders or to determine who is to lead them. But how is Africa faring in terms of respect for constitutional term limits, including presidential term limits?

2.2 Respect for constitutional term limits in Africa

The last millennium ended on a high note for several African countries in terms of establishing presidential term limits and respecting established limits. In South Africa, for example, Nelson Mandela became president in 1994 and chose to leave office after one term although the Constitution gave him an option to contest for president for another five-year term.

Several other countries also capped the period that a person can serve as President. Kenya introduced a two-term limit in 1992, Cameroon in 1996, Gabon in 1991, Uganda in 1995, and Rwanda in 2003. Some other countries, however, have not established term limits in their Constitution which may have contributed to some of the leaders staying in power for very many years. President Omar Bongo of Gabon, for example, served for 41 years, Teodro Obiang of Equatorial Guinea served for 39 years, Jose Eduardo dos Santos of Angola served for 38 years, Gnassingbe Eyadema of Togo and Robert Mugabe of Zimbabwe for 37 years each, while Paul Biya of Cameroon served for 36 years. There are more examples.

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However, despite the trend of limiting power that got momentum towards the end of the last millennium, there are now two rather contrasting trends in Africa. In some countries long-serving presidents have been forced out or have been voluntarily deciding not to stand again. On the other hand, in various other African countries term limits are being removed.

In Eastern Africa, Burundi extended the presidential term from two terms of five years each to two of seven years each – though in the end President Nkurunziza decided not to contest the 2020 elections. The extension would have allowed him another two terms until 2034. In Uganda, a court in 2019 declared invalid a constitutional amendment — which had reintroduced term limits following their abolition (by referendum) in 20051. This was because of the defective procedure used in enacting the amendment. In the case of Rwanda, the country held a referendum which approved the proposed amendments to the Constitution that allowed President Paul Kagame for a third term in office from 2017. President Kagame has been in office since 2003.

In Central Western Africa, in 2018, the Gabon National Assembly voted for new legislation that removed presidential term limits, effectively allowing President Ali Bongo to remain in power indefinitely. The Constitution had previously had a limit of two seven-year presidential terms. President Bongo took office in 2009 after his father’s death (His father, Omar Bongo ruled Gabon for 42 years.). In Namibia, in 1999, President Sam Nujoma manipulated an extra term by arguing that his first term, from 1989, did not qualify because he was not directly elected2 (he had been chosen by SWAPO, the ruling party, after it won the first election).

In West Africa, President Alpha Condé of Guinea, Guinea’s first democratically elected president, was set to finish his second and final term in December 2020 – the Constitution barred him from vying for a third term. Determined to get the third term, President Condé has defied external and internal pressure and called a referendum to change the Constitution so that he can run for the third term. The voters overwhelmingly supported the constitutional change (in March 2020), which means President Condé may govern for 12 more years (he is now 82).

1 Male H. Mabirizi K. Kiwanuka v Attorney-General Constitutional Appeal No. 02 of 2018 (Supreme Court 2019, upholding the Constitutional Court) https://ulii.org/ug/judgment/supreme-court-uganda/2019/6.

2 https://www.nation.co.ke/news/africa/African-presidents-fight-term-limits-to-rule-longer/1066-4328394-tvsqx7/index.html

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In Togo, the Constitution had a two-term presidential term limit, but some amendments were made to allow President Faure Gnassingbe to stay in office for longer. In May 2019, Togo’s parliament approved changes in the Constitution, allowing him to contest for presidency for two more terms.

In Chad, the parliament approved a new Constitution in April 2018, which introduced, among other changes, a two six-year presidential term limit. The two terms for the incumbent President Idriss Deby would however start only after the 2021 elections. This means that he could be in power till 2033 when he will be 80 years old.

In Central Africa, Cameroon’s parliament, in 2008, passed a Bill that removed a two-term presidential term limit. President Paul Biya (86 years old) President of Cameroon since November 1982, has since won two elections. In Congo Brazzaville Denis Sassou Nguesso was re-elected president after the Constitution was amended to allow him to seek a third term. The country held a referendum in October 2015 to remove term and age limits which would have prevented the then 72-year-old from contesting for presidency again.

There are political debates in some other Africa countries that could also potentially lead to removal of presidential term limits. In Kenya, Article 142(b) of the Constitution provides: “A person shall not hold office as President for more than two terms.” Article 180 (7) has a similar rule for a governor and deputy. However, some initiatives to amend the constitution contain proposals that, if passed, could affect the presidential term limits. The Punguza Mzigo popular initiative3, for example, proposed a single seven-year presidential term (though it did not clarify whether this would apply to the incumbent who would already have served just over nine years before the amendment, if adopted, had come into effect). Another initiative - “Building Bridges Initiative” – proposes retaining the current two five-year terms. However, it includes proposals for a prime minister, which might give a chance for office for a president after expiry of presidential term limits. Term limits are, therefore, still a topic of discussion in Kenya.4

The various removals and extensions of presidential term limits in Africa are despite

3 https://thirdwayalliance.com/download/Punguza_Mizigo_Form_PDF_v2.pdf 4 Though it seems odd that a President might aspire to be Prime Minister to remain in office, one could point

to the precedent of President Putin who became Prime Minister for a term, in order to revive his chance to be President (because the Russian Constitution merely prohibited more than 2 consecutive terms. Now even these term limits are being removed (see “Putin takes a big step closer to being Russia’s president beyond 2024” CNBC March 11 2020, https://www.cnbc.com/2020/03/11/putin-takes-a-big-step-closer-to-being-russias-president-beyond-2024.html.

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an indication that many Africans support presidential term limits. An Afrobarometer survey of 20155 indicated that three quarters of Africans in 34 countries were in support of term limits for national leaders.

In his paper titled “From Presidential Term Limits and Stability in the Great Lakes Region”, Nicole N’Gambwa questions African leaders’ governance principles and their refusal to leave power.

“Year after year, leaders in Africa promise to bring about change in their countries. They often come in as visionaries, revolutionaries who fill their people with hope that this time things might be different—but it never is. This pattern is seen all over Africa in leaders’ abandonment of the principles that carried them to power, in their oppression of citizens’ rights and opposition parties, and most importantly, their refusal to give up power.”

Democracy, which is about the people determining and playing a role in their government, has a big effect on good governance as the people have the ability to determine how the government will be run. There is, therefore, a direct relationship between democracy and good governance. How does control of power affect good governance?

Presidential (or monarchs) Terms and Term Limits in the world

Out of the 54 countries in Africa, 50 of them have presidential terms, most of which are for a period of five years. Out of the 50 countries, 40 of them have set a maximum number of terms of which almost all have set a maximum of two terms; a few have unlimited number of terms. Most of the African countries have Presidential s of government (36); nine (9) are semi-presidential; six (6) parliamentary; and three (3) are monarchies. Eighteen (18) of the countries with term limits have tested6 it and adhered to the limits.

In South America, eleven (11) out of 12 countries have Presidential s of government while one country has a semi-Presidential . All the 12 sovereign countries have presidential

5 People and corruption: Africa survey 2015 – Global Corruption Barometer https://afrobarometer.org/publications/people-and-corruption-africa-survey-2015-global-corruption-barometer

6 That is, reached the point at which a sitting president has reached the end of his or her constitutional term limits.

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terms and all but two have presidential term limits. Eight (8) of the countries with term limits have tested it and adhered to the limits.

In North America and the Caribbean, out of 23 countries, 14 have terms for heads of State of which twelve (12) have limits on the number of terms. Eleven of the 22 countries have Presidential s of government, nine (9) are monarchies, two (2) have a parliamentary system and one (1) is semi-presidential. Ten (10) of the countries with term limits have tested them and adhered to the limits.

In Australasia/Oceania, out of 14 countries, 10 of them have terms for heads of state, of which nine (9) have term limits. In terms of their system of government, six (6) of the countries are constitutional monarchies (namely the British monarch), five (5) have a parliamentary system and three (3) of them have a Presidential . Six (6) of the countries with term limits have tested them and adhered to the limits.

In the Asian continent, out of 44 countries, 32 have terms for heads of state out of which 24 have term limits. In terms of systems of government, the continent has 14 monarchies, 12 parliamentary systems, 9 Presidential s, and nine (9) semi-Presidential s. Nineteen (19) of the countries with term limits have tested them and adhered to the limits.

Lastly, in Europe, out of 45 countries, 34 have presidential terms, and 31 have term limits. Seventeen of the countries have a parliamentary system of government, fifteen have semi-Presidential s, nine (9) have a constitutional monarchy, and four (4) have a Presidential of government. Twenty-seven (27) of the countries with term limits have tested it and adhered to the limits.

A comparison of the respect for constitutional term limits in all the continents results in interesting results. The analysis shows that out of 40 countries in Africa that have presidential term limits, only 18 countries (less than half ) have reached the point of testing the terms or have respected the terms. In South America, out of 10 countries with presidential term limits, eight (8) have tested and adhered to the terms. In North America, out of 12 countries with term limits, 10 have tested and adhered to the terms. In Australasia/Oceania six out of nine countries have tested and adhered to the limit; in Asia, 19 out of 24 countries with term limits and in Europe, 27 out of 31 countries with term limits have tested and adhered to the limits.

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Table 1: Systems of government

Comparing systems of governmentPresidential Parliamentary “Semi-presidential”

NB – there is a wide variety of possible designs

Role of Head of State

Is head of gove rnment also

In most, President is head of state but not of government. Most powers formal only.

Will have formal head of state functions. In addition, may have certain ministerial type functions, e.g. foreign affairs.

May be member of Cabinet

Does Head of State have any other personal powers?

Has many – though with checks and balances

May have a few, many are merely formal. May be limited to advice.

Who chooses Head of State

Direct election by people

Could be direct election, most often by legislature, or various legislative bodies together. Is sometimes hereditary monarch.

Directly elected by people

Role of Head of Government

Is President Prime Minister - chairs Cabinet, is in theory a first among equals.

Often chairs Cabinet. Chooses, or recommends, Ministers. Functions may be limited e.g. to domestic (not foreign affairs) issues

Who chooses Head of Government?

No separate one

Either immediately elected by legislators, or is clear leader, or may be negotiations between parties if no clear winner

Usually head of largest party/coalition in parliament.

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Members of Executive

Usually not members of l e g i s l a t u r e . Chosen and dismissed by Head of State.

Usually must be members of legislature chosen by head of government. Chosen and dismissed by Head of Government.

May be MP; may have to give up seat in Parliament while Minister. Usually chosen by PM.

Can Head of state be removed?

Usually by impeachment

May be impeachment process – removal by legislature

May be removable by legislature

Can Head of government be removed?

______ By vote of no confidence; usually just simple majority of MPs. May be restrictions on when this can take place.

Parliament can vote no confidence. In some the President can remove.

Who can dismiss Ministers?

President can dismiss

PM can dismiss PM may usually dismiss, but in some systems the President can also dismiss.

Can Head of State reject law?

Yes, but is procedure for o v e r r i d i n g veto.

May be impossible or may be possibility of referring to court on constitutional issues.

Usually Yes.

Is the Head of State a unifying force?

Is partisan, so less unifying.

Figure chosen may be apolitical or unifying. Depends on national traditions.

The more political the appointment and the more the roles the less unifying the President is likely to be.

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3.0 Control of power through presidential term limits and good governance

3.1 What is control of power?

Control of power is about the rulers not being able to use their power just as they please. Particularly it is about the citizens retaining control over their government which is thus synonymous with democracy.

There are various ways in which power may be controlled. The limits on power may be set by the Constitution and the law, the human rights principles, and international law. One of the limitations in most countries’ constitutions is the separation of powers- where government responsibilities are divided between distinct branches to limit any one arm from having too much power, and to empower each arm to oversee the others.

The separation of power principle was made prominent in the writings of Montesquieu, John Locke, and Jean-Jacques Rousseau. Montesquieu, for example, wrote,

It is an eternal experience that any man who is given power tends to abuse it; he does so until he encounters limits ... In order to avoid the abuse of power, steps must be taken for power to limit power.7

Following the separation of power concept above, the Massachusetts Constitution, adopted in 1780, provided that, “in the government of this commonwealth the legislative department shall never exercise the executive and judicial powers or either of them; the executive shall never exercise legislative and judicial powers or either of them; the judicial shall never exercise legislative and executive powers or either of them; to the end that it may be a government of laws and not of men.”8

Many other constitutions of the world have assigned executive, legislative and judicial functions to different parts of government.

James Madison, one of the authors of the American Constitution said in one of the Federalist Papers:

The accumulation of all powers, legislative, executive, and judicial, in the same hands, whether of one, a few, or many, whether hereditary, self-appointed, or elective,

7 Allan R. Brewer-Carías, ‘The Principle of Separation of Powers and Authoritarian Government in Venezuela’ p. 814 available http://www.allanbrewercarias.com/Content/449725d9-f1cb-474b-8ab2-41efb849fea8/Content/II,%204,%20601.%20Duquesne.%20Separation%20of%20Powers.%20%20813%20v47.4%20Brewer%20Article.pdf

8 III Westel Woodbury Willoughby, The Constitutional Law of United States §1058 (1929)

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may justly be pronounced the very definition of tyranny.9

The idea is that democracy can only work if control of power exists because only then can political pluralism, fair elections, effective democratic participation, transparency, rule of law (a government submitted to its constitution and its laws), access to justice and respect for human rights exist.10 Separation of powers gives the various branches the necessary constitutional means and the motives to resist encroachment by others,11 which can be achieved by ensuring that there is ‘check and balance based on the separation of powers with their independence and autonomy guaranteed, so that power can be stopped by power itself ’.12 The separation of power doctrine as a means of controlling power, thus taking care of governmental abuse, has increasingly been recognised as an essential element of a democracy. The Inter-American Democratic Charter, for example, has recognized that the most important element of democracy is the separation of powers and independence of the branches of government.13 While the principle of checks and balances works generally the same in most, if not all, countries, some specific details may differ. In Kenya, for example, the legislative branch makes laws which can be vetoed by the President in the Executive, or can be declared unconstitutional by the Judiciary. And the judicial branch interprets the laws – says what they mean. While the president can veto a law, the legislative branch can overturn the veto with enough votes. Further, the laws passed by the legislature are enforced and administered by another branch - the Executive. Furthermore, the legislative branch controls the budget, approves several presidential appointees, and can even impeach the President.. Unlike some countries, the President in Kenya has very little power over the judiciary – basically he has no choice over who is appointed, and no role, other than a purely formal one, in their dismissal. Nor can Parliament remove judges, though they have a limited role in appointment – approving the appointments of the Chief Justice and Deputy.

The separation of power principle, therefore, should take care of the institutional excesses in government. It can also take care of other individual excesses such as where Presidents may want to extend their term limits through Parliament (in countries where that is possible) or the courts can block the change of presidential term limits that may be un-

9 Madison, The Federalist paper No. 47. Available http://avalon.law.yale.edu/18th_century/fed47.asp10 47 Duquesne Law Review 813 2009 p 4711 http://press-pubs.uchicago.edu/founders/documents/v1ch10s16.html12 Allan R. Brewer-Carías, The Government of Judges and Democracy. The Tragic Institutional Situation of the

Venezuelan Judiciary, Chapter 11, P. 20613 47 Duquesne Law Review 813 2009, p 817

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procedural. In some cases, however, experience has shown that the arms of government can cooperate to rubberstamp an illegality or to support undemocratic initiatives such as removal of presidential term limits. In that case, only the people can stop it through a referendum. Constitutions of many countries, therefore, have provisions that require certain changes to the constitution such as altering of the presidential term limits to be done through the people. Constitutions, therefore, play a critical role in controlling power by limiting the powers of the leaders to alter presidential term limits. In addition, constitutions also have human rights provisions. By guaranteeing human rights, the constitutions protect the rights of citizens such as the right to participate in political processes.

Beyond countries’ constitutions, there are other international instruments that prohibit unconstitutional change of government. According to the Constitutive Act14 of the African Union (AU), for example, the AU is against any unconstitutional change of government.

The African Charter on Democracy, Elections and Governance15also calls for adherence to the principle of the rule of law premised upon the respect for and supremacy of the Constitution and constitutional order in the political arrangement of state parties. It is guided by a set of principles,

“State Parties shall implement this Charter in accordance with the following principles: Respect for human rights and democratic principles; Access to and exercise of state power in accordance with the constitution of the State Party and the principle of the rule of law; Promotion of a system of government that is representative; Holding of regular, transparent, free and fair elections; Separation of powers; Promotion of gender equality in public and private institutions; Effective participation of citizens in democratic and development processes and in governance of public affairs; Transparency and fairness in the management of public affairs; Condemnation and rejection of acts of corruption, related offenses and impunity; Condemnation and total rejection of unconstitutional changes of government; Strengthening political pluralism and recognizing the role, rights and responsibilities of legally constituted political parties, including opposition political parties, which should be given a status under national law16”

14 The Constitutive Act of the African Union https://au.int/sites/default/files/pages/34873-file-constitutiveact_en.pdf15 African Charter on Democracy Elections and Governance https://au.int/sites/default/files/treaties/36384-treaty-

african-charter-on-democracy-and-governance.pdf16 African Charter on Democracy Elections and Governance https://au.int/sites/default/files/treaties/36384-treaty-

african-charter-on-democracy-and-governance.pdf

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Further, the AU also provides guidance for the adoption of change of constitutions. The Lomé Declaration notes that the preparation, content and method of revision of constitutions should be in line with the generally acceptable principles of democracy. A lot of effort is therefore, increasingly, put in place to control power. The question is the importance of term limits to democracy and good governance.

Instruments alone – in the sense of documents, national or international – are not enough. The competence and the will must be there in various institutions. Much importance is attached to the role of the judiciary. Constitutions may provide in many ways for that important body to be independent, because their role may involve invalidating the actions of other branches of government. There are often other bodies with varying degrees of independence who may be involved such as an Electoral Commission or a Human Rights Commission.

3.2 Importance of term limits – to help manage misuse of power

3.2.1 Brief history of term limits

Term limits are not a new phenomenon in Africa. Many traditional African societies held their rulers accountable for their actions and had ways of removing a ruler from office. Different societies had different systems of checks and balances to guard against abuse of power. Some promoted delegation of power/sharing of power. The Oromo, for example, had a parliament (Chaffe) which evaluated the work of those in power and had the power to replace those who did not perform as expected. Among the Tutsi of Rwanda, political power was balanced between two constituent bodies to prevent abuse of power. In other communities, the rulers consulted with other leaders before deciding, for instance the Zulu.

Another way that was used to check power was during the installation of a new chief or King. The communities had set taboos which the ruler could not violate – and they would say the taboos in public (a form of swearing in). If they violate the taboos, they would be removed from office.

If the king failed to perform his spiritual functions, he was disposed of. The Jukun of Nigeria believed “kings were supposed to be killed if they broke any of the royal taboos on personal behavior, fell seriously ill, or ruled in time of famine or severe drought: whenever they could no longer be regarded as fit guardians of the ‘right and natural’” 17

17 Ayittey, George. (2010). Traditional Institutions and the State of Accountability in Africa. Social Research. 77. 1183-1210. 10.2307/23347124. Available at: https://www.researchgate.net/publication/260102811_Traditional_Institutions_and_the_State_of_Accountability_in_Africa/citation/download.

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In ancient Greece, it is said that many Athenian officials were elected and allowed to serve for only a year. Some of their Roman counterparts could only serve a single term. In other places, rotation in office was used as citizens and politicians believed that periodic changes in public office were healthy.

The Magna Carta or “The Great Charter” is a document that established the principle that everyone is subject to the law, even the king. It guarantees the rights to justice and fair trial. It came about following an uprising of a group of rebel barons in England in 1215 which forced the then king - King John - to negotiate with the group (it was like a peace treaty between the King and rebels). This was basically aimed at restraining the powers of the King, particularly in the interests of the elite, it must be said. This was a big step towards limiting the powers of rulers – and it laid a foundation for Constitutions and generally human rights, even though it did not establish a term limit for the King.

In the US, discussions around presidential term limits can be traced as far back as 1787 during the constitutional convention in Philadelphia where delegates discussed the issue, but the idea was not adopted. However, a convention developed that presidents would not serve more than two terms – though a few tried. Only President Franklin Roosevelt served for more than two terms, namely 12 years. He won four presidential elections, but there were exceptional circumstances, including the remaining effects of the Great Depression and the fact that World War II had broken out a year before his third election victory, and – though the US was not yet at war – by the time he won the fourth time the war in Asia had not yet finished. But he died not long after that fourth victory.

Two years later, the 22nd Amendment to the US Constitution was enacted putting a two term limit on the president. The amendment was ratified (approved by three-quarters of the state legislatures) on 27th February 1951. It states:

“No person shall be elected to the office of the president more than twice, and no person who has held the office of president, or acted as president, for more than two years of a term to which some other person was elected president shall be elected to the office of the president more than once.”

Mexico has had a single term limit rule for it presidents for most of its history, going as far back as 1857 – though it was removed for some time in the second half of that century. It is now a single term of six years. The Philippines has had term limits since

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its founding in the 1930s – either two four year terms or one six year term as it is now. Many other countries in the world placed term limits in their constitutions. Kenya, for example, did in 1992, and Tanzania in 1977 and South Africa in 1996.

The fact that from the ancient times there were numerous efforts to limit power and promote democracy points at the importance to limit power in any society. This highlights how important people considered unlimited power to be.

However, there are some other developed countries that do not have any term limits, but their contexts vary, and such cases are much fewer. As mentioned earlier, monarchs do not have term limits (Malaysia is a rare example), and nor do Prime Ministers. In the United Kingdom, for example, the Queen has been on the throne for 69 years – but she is not, of course the effective head of government. Margaret Thatcher served as British Prime Minister for 11 years. But she was not the head of state. Angela Merkel, the Chancellor of Germany — the head of Government — is serving her fourth term in office. Term limits even for prime ministers have in fact been discussed recently in various countries including Israel, Malaysia and several Caribbean countries.

In March 2018, China approved the removal of the two-term limit on the presidency, effectively allowing Xi Jinping to remain in power for life. In Russia, in March 2020 President Vladimir Putin signed into law constitutional changes that could keep him in power for another 16 years. Putin has served as the President of Russia since 2012, previously holding the position from 1999 until 2008. He was also the Prime Minister of Russia from 1999 to 2000 and again from 2008 to 2012.

There are, therefore, other international cases that are against the trend of establishing term limits but these are very few and their contexts vary.

3.2.2 Why term limits?

The 2005 Arusha Accords ending Burundi’s civil war recognised that the conflict stemmed from a “struggle by the political class to accede to and/or remain in power”.18 To address the problem, it enshrined term limits as a mechanism to ensure equal opportunity to serve in government thus recognizing the importance that term-limits can play in strengthening democracies.

18 Wilmot C. (2015, October 5), How and why term limits matter, Available at https://africanarguments.org/2015/10/05/how-and-why-term-limits-matter/

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The following are some of the reasons why term limits are a crucial element in any democracy:

(i) Encourages peaceful transfer of power

It has been proven that term limits encourage peaceful transition. With term limits, transitions take place as a natural course of events in the democratic system. Liberia is a good example here. Liberia experienced its first peaceful transfer of power when the then President Ellen Sirleaf Johnson stepped aside for President George Weah, following the end of her second term. When alternative forces are unable to take over by peaceful means, they may conclude that there only option is violence.

(ii) Creates a level playing field during campaigns and elections

The power of the incumbency usually plays out during elections, thus, there is a likelihood of new candidates being disadvantaged or/and discouraged from seeking elective positions. Incumbents, for example, tend to stack key institutions and bureaucracies with supporters, developing patronage networks that trade material benefits for political loyalty.19

(iii) Having term limits encourages the emergence of new blood

Knowing that you have only a limited term in office should prevent incumbents blocking the next generation of potential leaders. It gives an opportunity for new leaders to emerge, some of whom may even be better leaders/ or have different perspectives on leadership.20 The combination of one leader only with no successors in sight, and an unplanned, perhaps violent transition, or even the sudden death of the long-term leader, can be disastrous with no-one in evidence able to rule effectively.

(iv) Term limits encourage accountability

Term limits help to promote accountability in that for instance, if the incumbent has two terms, they will try to fulfill the promises to the electorates for them to secure the second term and after reelection, they would be preoccupied with preserving their legacy. Also, without term limits, the president can potentially

19 https://africanarguments.org/author/claire-wilmot/ 20 https://www.the-star.co.ke/siasa/2020-02-16-removing-term-limits-erodes-principles-of-constitutionalism/

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monopolize the position which would encourage dictatorship which in turn would lead to less, or no, accountability.21 Countries with longest serving leaders have had problems with human rights violations, cases of arbitrary arrests, detentions, curtailment of freedom of expression and generally disregard to the rule of law. Such leaders have included Mobutu Sese Seko of the Democratic Republic of Congo, Omar El Bashir of Sudan and Robert Mugabe of Zimbabwe.22

(v) Encourage respect for civil rights/rule of law

The Reporters Without Borders 2018 index 23 shows that nations with presidential term limits have significantly higher levels of press freedom.

Leaders who ignore constitutional term limits tend to disrespect other limitations provided by constitutions. This means that checks and balances may not be effective. Burundi is a good example where there were reports of interference by the President in the independence of the Burundi Constitutional Court in 2015 on the issue of presidential term limits.24

(vi) Promote stability

Countries that have term limits and adhered to the rule of law and constitutionalism became more stable both politically and economically. Protests in Burkina Faso, Burundi and the Democratic Republic of Congo because of attempts by the countries’ presidents to extend term limits brought about political instability.

(vii) Long term leaders become less effectiveMany leaders who seek removal of term limits are not content to have three rather than two terms. Some cling on for decades. Someone who is president into his (it always has been men) eighties will not be effective. They are probably manipulated by others. They cease to have new ideas. And they become convinced that they are somehow indispensable.

21 https://www.the-star.co.ke/siasa/2020-02-16-removing-term-limits-erodes-principles-of-constitutionalism/22 https://projects.voanews.com/african-presidents/23 https://rsf.org/en/news/rsf-index-2018-regional-analysis 24 Busingye Kabumba, A Legal Expert’s View on Burundi Term Limits Saga, OBSERVER (May 13, 2015),

https://observer.ug/viewpoint/37809-a-legal-expert-s-view-on-burundi-term-limits-saga.

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(viii) Long term leaders become intolerant of dissentAlmost inevitably someone who has been in office for a long time will become less sensitive to the country’s needs, and more convinced of their own worth, while others will become resentful, and critical. This very often leads to intolerance on the part of the leader. Freedom of speech and association may be curtailed, or worse. This is not logically a result of lack of term limits, but empirically is common.

(ix) Citizens should be part of the process/Actively involved in their governanceBy being involved in the electoral processes, citizens play a crucial part in electing their leaders- thus giving them an active involvement in governance. In many countries where the authorities have attempted to introduce the third term or to remove term limits, there has been dissent among citizens with demonstrations and even boycott of elections or referendums to change/ amend the Constitution.

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4.0 Developments on Respect for Presidential Term Limits

1. The Niamey declaration in Support of Constitutionalism for Democratic Consolidation and the Peaceful Transfer of Power in Africa

From 2nd -4th October 2019, former African heads of state, civil society activists and journalists came together to participate in the Constitutional Term Limits Summit in Niamey, Niger. The Summit focused on existing challenges of democratic consolidation and solutions to ensure the peaceful transfer of executive power across the continent.

The Summit was organized by the National Democratic Institute (NDI) in partnership with the Africa Forum, the Kofi Annan Foundation, and the Open Society Institute West Africa (OSIWA). For participants, the Summit provided a platform for direct engagement between political leaders and civil society and an opportunity to exchange best practices on constitutionalism, rule of law and respect of presidential term limits across Africa. The event was also an opportunity for networking among participants, notably senior African leaders, civil activists, and representatives of international organizations and media.

At the end of the three days of deliberation, summit participants adopted a Declaration of Principles in Support of Term Limits, Constitutionalism and the Rule of Law. Participants agreed to widely disseminate the Declaration and mobilize citizens and decision makers across the continent to sign.

2. African Charter on Democracy, Elections and Governance

The document has far-reaching provisions for promoting the rule of law, the respect for human rights and for holding democratic elections ‘to institutionalize legitimate authority of representative government as well as democratic changes of government’. It also binds signatories to best practices in the management of elections; and acknowledges that unconstitutional changes of government are ‘a threat to stability, peace, security and development’.25

25 https://issafrica.org/iss-today/term-limit-changes-the-biggest-threat-to-democracy-in-africa

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5.0 Annex

THE NIAMEY DECLARATION: Constitutionalism for Democratic Consolidation and the Peaceful Transfer of Power -- Niamey, Niger, October 4, 2019

The Declaration

We, the participants, acknowledge the progress made in constitutional frameworks across the continent over the past three decades that have enshrined presidential term limits to facilitate renewal of political leadership in a continent undergoing vast demographic, economic and political changes. This is in addition to efforts at strengthening the rule of law, justice, reconciliation and national reconciliation.

We note, however, that a number of African countries are experiencing democratic backsliding following constitutional changes to remove the presidential term limits introduced in most countries on the continent during their democratic transitions in the 1990s at the end of the Cold War, following the fall of the Berlin Wall. According to the Africa Center for Strategic Studies, of the 21 African countries that have upheld term limits, the executive officeholders have been in power for 4 years, on average. The average time in power for the 10 African leaders who have evaded term limits, in contrast, is 22 years. The abrogation of term limits undermines accountability, increases concentration of power in the hands of one or a few individuals and shrinks political space, ultimately leading to rising risks of political tensions, violence and civil strife.

We celebrate Africa’s youthful population which constitutes a significant demographic that is eager to participate and contribute to democratic governance and the development of their respective countries. However, we observe that the obvious reluctance of some leaders to adhere to constitutional terms, limits opportunities for this participation and for the renewal of political leadership and democratic turnover.

We affirm and commit ourselves to the following:

Promoting and defending principles of constitutionalism, rule of law and respect of term limits

Combined actions by Africans at both the grassroots and leadership levels serve to promote constitutionalism and the application of term limits. We therefore commit

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to join our voices to call for the respect of term limits, constitutional rule and the rule of law more broadly which contribute to peace, stability and development across the continent.

Individually and collectively, we pledge to promote the principles of constitutionalism and rule of law set out in the Universal Declaration of Human Rights, the African Union Charter on Democracy, Elections, and Governance (the “Charter”), and the constitutions of various African countries, specifically as relates to presidential term limits and renewal of political leadership.

We support the aspirations of consolidating constitutional rule and entrenching a culture of democracy and peace embodied in the Charter, which seeks to establish continent-wide norms of peaceful political change. The Charter also promotes the holding of regular, credible and inclusive elections and the strengthening of political institutions.

Constitutional revisions or amendments perceived to benefit a single or a few individuals by removing or amending term limits, are counter to these aspirations. Though such changes may respect the letter of the law, they undermine trust and counter the spirit of the original constitution. Beyond a legal instrument, constitutions should be seen as a covenant among citizens. Significant constitutional changes should be adopted by referendum and not by legislative action alone.

Facilitating peaceful transfers of power

We recognize that African heads of state, political parties, civil society, media and citizens at large have a responsibility to facilitate peaceful transfers of executive power and should create environments that promote smooth transitions from one leader and administration to the next.

We believe that effective legal frameworks that provide mechanisms for holding transparent and credible elections and the peaceful resolution of election-related disputes, prevent political disagreements degenerating into violence. At the same time, we commend legislation in several African countries that facilitates orderly transfers of executive power and enables constructive collaboration between outgoing and incoming governments.

We encourage countries to adopt proper procedures for incumbent presidents to carry out an orderly handover to the next government, with effective accountability for

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the transfer of assets and authority. We urge incumbent presidents to establish early timelines to facilitate adherence to these procedures.

We call on organizations, notably the African Union and the regional economic communities, to intensify efforts at strengthening norms and principles of constitutionalism, rule of law and respect for term limits to avoid the break-down of institutions, national crises and conflict. We also strongly recommend early, preventive diplomacy by former heads of state, civil society, religious and traditional leaders, labor unions, and especially the media, when sitting presidents initiate procedures to remove term limits.

Fostering national and continent-wide consensus around respect for term limits

We urge all Africans to recommit to consolidating democratic progress achieved across the continent by signing on to this Declaration of Principles in support of constitutionalism, the rule of law and the respect of term limits.

We support the ratification and implementation of the African Union Charter on Democracy, Elections, and Governance and of all other relevant legal instruments aimed at strengthening constitutional rule on the continent.

We urge former heads of state, through their good offices and in collaboration with civil society and the media, to continue contributing to strengthening democracy on the continent, and where needed serving as mediators and peacemakers. These actions demonstrate to sitting presidents and the world at large that there is a rich life after State House.

We encourage the use of this Declaration as an advocacy tool to empower Africans to hold their leaders accountable and have them fully embrace constitutional term limits.

Table 1: Presidential (or monarchs) Terms and Term Limits in Africa

Country Constitution Term Number of Terms

Limit Tested

System of government

Angola 2010 5 Years 2 Terms No Presidential

Algeria 2016 5 Years 2 Terms No Semi-presidential

Benin 1990 5 Years 2 Terms No Presidential

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Limit Tested


Botswana 2006 5 Years 2 Terms Yes Parliamentary (with president elected by parliament; no prime minster)

Burkina Faso 2018 5 Years 2 Terms No Presidential

Burundi 2018 7 Years 2 Terms No Presidential

Cameroon 2008 7 Years Unlimited N.A Presidential

Cape Verde 2010 5 Years Unlimited N. A Semi-presidential27

Central African Republic

2016 5 Years 2 Terms No Presidential

Chad 2005 5 Years Unlimited N. A Presidential

Comoros 2009 5 Years Unlimited N. A Presidential

The Congo Republic


Cote D’ivoire 2016 5 Years 2 Terms No Presidential

Djibouti Amended 2010

5 Years Unlimited N. A Semi-presidential

Democratic Republic of Congo

2005 5 Years 2 Terms No Semi-presidential

Equitorial Guinea


Eritrea 1997 5 Years 2 Terms Yes Presidential

27 A semi-Presidential of government is one which a president exists alongside a prime minister and a cabinet, with the latter being responsible to the legislature of the state.

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Limit Tested


Egypt 2019 6 Years 2 Terms No Semi-presidential

Ethiopia 1987 6 Years 2 Terms Yes Parliamentary

Gabon 2011 7 Years Unlimited N.A Semi-presidential

Gambia 2017 5 Years 2 Terms No Presidential

Ghana 1992 4 Years 2 Terms Yes Presidential

Guinea 2010 5 Years 2 Terms No Presidential

Guinea-Bissau

1996 5 Years 2 Terms No Semi-presidential

Kenya 2010 5 Years 2 Terms Yes Presidential

Lesotho 2020 No Set Terms Due To Hereditary Succession

N.A Parliamentary constitutional monarchy28

Liberia 1986 6 Years 2 Terms Yes Presidential

Libya 2017 Transitional Government

No Set Terms

N.A Parliamentary

Madagascar 2010 5 Years 2 Terms No Semi-presidential

Malawi 2010 5 Years 2 Terms Yes Presidential

Mali 1992 5 Years 2 Terms Yes Presidential

Mauritania 2017 5 Years 2 Terms No Presidential

Mauritius 1968 5 Years Unlimited N.A Parliamentary

Mozambique 2004 5 Years 2 Terms Yes Presidential

Morocco 2011 No Set Terms Due To Hereditary Succession

N.A Parliamentary unitary constitutional monarchy

28 A constitutional monarchy is a form of monarchy in which the sovereign exercises authority in accordance with a written or unwritten constitution

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Limit Tested


Namibia 2010 5 Years 2 Terms Yes Presidential

Niger 2010 5 Years 2 Term No Presidential

Nigeria 1999 4 Years 2 Terms Yes Presidential

Rwanda 2015 5 Years 2 Terms No Presidential

Sao Tome and Principe

2003 5 Years 2 Terms Yes Semi-presidential unitary

Senegal 2016 5 Years 2 Terms Yes Presidential

Seychelles 2011 5 Years 2 Terms Yes Presidential

Sierra Leone 2016 5 Years 2 Terms Yes Presidential

South Africa 1996 5 Years 2 Terms Yes Parliamentary with president elected from parliament)

South Sudan 2018 5 Years 2 Terms No Presidential

Sudan 2019 5 Years Unlimited N.A Presidential

Swaziland 2005 No Set Terms Due to Hereditary Succession

N.A Absolute monarchy29

Somalia 2012 4 Years Unlimited N.A Semi-presidential

Tanzania 2005 5 Years 2 Terms Yes Presidential

Tunisia 2014 5 Years 2 Terms No Presidential

Togo 2019 5 Years 2 Terms No Presidential

Uganda 2005 5 Years Unlimited N.A Presidential

Zambia 2016 5 Years 2 Terms Yes Presidential

Zimbabwe 2013 5 Years 2 Terms No Presidential

29 The monarch holds supreme authority

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Table 2: Presidential (or monarchs) Terms and Term Limits in South America


Limit Tested

System of Government

Brazil 1988 4 years 2 terms Yes Presidential

Argentina 1994 4 years 2 terms Yes Presidential

Colombia 1991 4 years 1 term No Presidential

Peru 1993 5 years 1 term Yes Semi-Presidential Unitary state

Chile 2010 4 years 1 term Yes Presidential

Ecuador Amended 2018

4 years 2 terms No Presidential

Venezuela 2009 6 years unlimited N/A Presidential

Bolivia 2009 5 years 2 terms Yes Presidential

Uruguay 2004 5 years 1 term Yes Presidential

Guyana 2001 5 years 2 terms Yes Presidential

Suriname 1987 5 years unlimited No Presidential

Paraguay 1992 5 years 1 term Yes Presidential

Table 3: Presidential (or monarchs) Terms and Term Limits in North America and the Caribbean


Limit Tested


United States

1992 4 years 2 terms Yes Presidential

Canada Amended 2011

None, formally, but usually appointed for 5 years.

N/A No Constitutional monarchy

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Limit Tested


Mexico Amended 2015

6 years 1 term Yes Presidential

Cuba Amended 2019

5 years 2 term No Presidential

Panama Amended 2004

5 years 1 term Yes Presidential

Costa Rica Amended 2015

4 years Not eligible for re-election

Yes Presidential

Jamaica Amended 2015

None, formally, but usually appointed for 5 years.

Governor General - no formal limit

No Parliamentary

Haiti 2012 5 years Two terms non-consecutive

Yes Semi-presidential

Guatemala 1986 4 years 1 Yes Presidential

Puerto Rico 1952 4 years 1 Yes Presidential

The Bahamas

2002 N/A Governor General - no limit

No Constitutional Monarchy

Barbados 1966 N/A Governor General - no limit


Belize 2011 N/A unlimited No Parliamentary

Nicaragua Amended 2014

5 years Unlimited No Presidential

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Limit Tested


Dominican Republic

Amended 2015

4 years 2 terms No Presidential

El Salvador Amended 2003

5 years 2 non-consecutive terms

Yes Presidential

Honduras Amended 2005

4 years 2 terms Yes Presidential

Trinidad and Tobago

Amended 2000

5 years unlimited No Parliamentary

Dominica Amended 2014

5 years 2 terms Yes Parliamentary

Saint Kitts and Nevis


No Parliamentary

Antigua and Barbuda


No Parliamentary

Saint Vincent and the Grenadines


No Parliamentary

Grenada 1974 N/A unlimited No Parliamentary

Table 4: Presidential (or monarchs) Terms and Term Limits in Australasia /Oceania


Limit Tested


Australia 1977 N/A unlimited No Parliamentary

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Limit Tested


New Zealand

1986 None, formally, but usually appointed for 5 years.

unlimited No Parliamentary

Fiji 2013 3 years 2 terms Yes Parliamentary

Samoa Amended 2013

5 years 2 terms Yes Parliamentary Democracy

Federated States of Micronesia

1979 4 years 2 terms Yes Presidential

Palau 1992 4 years 2 terms Yes Presidential

Papua New Guinea

Amended 2016

6 years Governor General has one term

No Parliamentary

Vanuatu Amended 2013

5 years 1 term Yes Parliamentary

Kiribati Amended 1995

4 years 3 terms Yes Parliamentary-Presidential

Tonga Amended 2013

N/A No term limits due to hereditary succession


Solomon Islands

Amended 2009

5 years Governor-General has maximum 2 terms

No Parliamentary

Marshall Islands

Amended 1995

4 years 2 terms No Parliamentary

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Limit Tested


Nauru Amended 2009

3 years unlimited No Parliamentary Republic

Tuvalu Amended 2007

4 years unlimited No Constitutional monarchy

Table 5: Presidential (or monarchs) Terms and Term Limits in Asia


Limit Tested


Japan 1947 N/A Indefinite No Parliamentary

China Amended 2018 5 Years No term limits

No Semi-Presidential

Indonesia Amended 2002 5 years 2 Terms Yes Presidential

India Amended 2020 5 years No terms limits/Renewable

NA Parliamentary

South Korea Amended 1987 5 years 1 Term Yes Presidential

Thailand Amended 2017 N/A N/A No. Constitutional Monarchy: Parliamentary

Vietnam Amended 2013 5 years No Term limit

No Parliamentary

Singapore 1965 6 years No Term limit

No Parliamentary

Philippines 1987 6 years 1 term Yes Presidential

Malaysia 1957 5 years 1 term (might rotate back during lifetime)

N/A Monarchy – rotating among traditional monarchies of states.

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Limit Tested


Pakistan Amended 2018 5 years 2 terms Yes Parliamentary

Iran Amended 1989 4 years 2 terms Yes Presidential

Israel Operates on Basic Laws. Has no formal written constitution.

7 years 1 term Yes Parliamentary

Mongolia 2019 4 years 2 terms Yes Semi-presidential

Taiwan Amended 2005 4 years 2 terms Yes Semi –presidential

Myanmar (Burma)

Amended 2008 5 years 2 terms Yes Parliamentary

Nepal Amended 2015 5 years 2 terms Yes Parliamentary

Cambodia Amended 2008 N/A No terms N/A Monarchy Parliamentary

Saudi Arabia Operates on the Basic Law (the Quran and Sunnah)

N/A No terms due to absolute monarchy

N/A Monarchy

Bangladesh 1972 5 years 2 Terms Yes Parliamentary

Maldives Amended 2008 5 years 2 terms Yes Presidential

Afghanistan Amended 2004 5 years 2 Terms Yes Presidential

Sri Lanka 1978 5 years 2 terms Yes Semi-presidential

North Korea Amended 2019 N/A Unlimited No Party chosen head of government rules autocratically

Laos 1991 5 years 1 term Yes Parliamentary

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Limit Tested


Uzbekistan 1992 5 yeas 2 terms No Presidential

Iraq 2005 4 years 2 terms No Parliamentary system

Syria 2012 7 years 2 terms No Semi-Presidential

United Arab Emirates

1996 5 years Renewable No Federation of monarchies; President elected by rulers

Armenia Amended 2015 7 years 1 term Yes Parliamentary Republic

Lebanon Amended 1989 6 years Renewable non-consecutively

Yes Parliamentary

Jordan 1952 N/A No limit due to the Monarchial system of governance

No Parliamentary

Qatar 2004 N/A unlimited No Constitutional monarchy

Palestine Basic Law, 2005

4 years 2 terms No Semi-Presidential

Yemen 2001 7 years 2 terms No Presidential

Timor-Leste 2002 5 years 2 terms Yes Semi presidential

Tajikistan Amended 2003 7 years unlimited No Semi-presidential

Brunei 2004 N/A No terms owing to the governance system

No Absolute monarchy

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Limit Tested


Bhutan 2008 N/A N/A No Parliamentary (with two term limit for Prime Minister)

Kuwait 1962 N/A N/A No Constitutional monarchy

Oman Basic Law, 2011

N/A N/A No Constitutional monarchy (Sultan is Head of State and may appoint a Prime Minister to assist)

Turkmenistan 2016 7 years unlimited No Presidential

Bahrain 2002 N/A N/A No Constitutional monarchy (King is Head of State and appoints a Prime Minister to assist)

Kyrgyzstan 2010 6 years 1 term Yes Semi-presidential

Table 6: Presidential (or monarchs) Terms and Term Limits on the European Continent


Limit Tested


Russia 2014 6 years 2 terms Yes Semi-Presidential

Germany Amended 2019

5 years 2 terms Yes Parliamentary system

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Limit Tested


United Kingdom

No codified document. It relies on case laws/precedents, rules.

The monarch serves until his/her death or abdication

No term limits

No Parliamentary Constitutional Monarchy

France Amended 2008

5 years 2 terms Yes Semi-Presidential

Italy Amended 2012

7 years unlimited No Parliamentary system

Spain Amended 2011

No set terms owing to hereditary succession

N/A No Parliamentary Constitutional monarchy

Ukraine Amended 2016


Poland Amended 2009

5 years 2 terms Yes Semi -presidential

Romania Amended 2003


Netherlands Amended 2008

No set terms due to hereditary succession

N/A No Parliamentary Constitutional Monarchy

Belgium Amended 2014



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Limit Tested


Czech Republic

Amended 2013


Greece Amended 2019


Portugal Amended 2005


Sweden Amended 2012



Hungary Amended 2019

5 years 2 terms N/A Parliamentary

Belarus Amended 2018

5 years Unlimited N/A Semi-Presidential

Austria Amended 2019


Serbia 2006 5 years 2 terms Yes Semi-Presidential

Switzerland Amended 2020

1 year presidency of collective headship of state (7 members)

1 term but may serve again later

Yes Presidential (but true president is the collectivity)

Bulgaria Amended 2015

5 years 2 terms Yes Parliamentary System

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Limit Tested


Denmark Amended 2009



Finland Amended 2018


Slovakia Amended 2017


Norway Amended 2020



Ireland Amended 2019


Croatia Amended 2013


Moldova Amended 2017


Bosnia and Herzegovina

Amended 2009


Albania Amended 2016


Lithuania Amended 2019


North Macedonia

Amended 2019


Slovenia Amended 2016


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Limit Tested


Latvia Amended 2016


Estonia Amended 2015


Montenegro Amended 2013


Luxembourg Amended 2016


N/A No Constitutional Monarchy (Grand Duke is Head of State and of Government)

Malta Amended 2019

5 years 2 terms Yes Semi-presidential System

Iceland Amended 2013

4 years unlimited No Parliamentary/ Semi-Presidential

Monaco Amended 2002


N/A No Constitutional Monarchy (Minister of State runs day to day administration)

Andorra 1993 4 years 2 terms Yes Parliamentary System

Liechtenstein Amended 2014


N/A No Constitutional Monarchy (Prince is Head of State and of Government)

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Limit Tested


San Marino Amended 2002

Non-consecutive 6 months

unlimited Yes Parliamentary System

Turkey Amended 2017


Cyprus Amended 2013


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Control of power with special focus on presidential term limits

Katiba Institute 5 The Crescent, off Parklands Road, Nairobi

P.o Box 26586 - 00100, NairobiTel:+254 704 594 962

Email: [email protected] www.katibainstitute.org

This project is supported by the National Democratic Institute through the Constitutional Term Limits Initiative

www.termlimits.ndi.org

controlling power: presidential term limits...katiba institute is grateful to the national...

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