Burkina Faso, Mali and Niger leave ECOWAS, sparking justice concerns News
Burkina Faso, Mali and Niger leave ECOWAS, sparking justice concerns

Human Rights Watch (HRW) reported Tuesday that the official withdrawal of Burkina Faso, Mali, and Niger from the Economic Community of West African States (ECOWAS) raises concerns over access to justice for victims of serious human rights abuses. After serving notice a year ago, the three countries officially left ECOWAS on January 29.

On 28 January 2024, the three Sahel countries formally announced their departure from ECOWAS. When announcing their plans to withdraw, the military junta-led governments accused ECOWAS of “betraying its founding principles” and being “under the influence of foreign powers.” They also criticized what they called illegal and illegitimate sanctions imposed on them while combating terrorism. However, left unmentioned was the growing international condemnation of their forces for alleged atrocities and the repression of democratic institutions.

HRW highlighted that since 2005, the ECOWAS Community Court of Justice has provided a crucial platform for citizens to seek redress for human rights abuses. The court has delivered landmark rulings, including a 2008 decision holding Niger accountable for failing to protect a citizen from enslavement.  HRW warned that the withdrawal from ECOWAS will deprive citizens of an important path to accountability and justice, particularly as conflict-related abuses against civilians remain rampant in the Sahel region and access to national courts becomes increasingly restricted.

HRW urged the authorities of these countries to reconsider their decision to withdraw from ECOWAS and to ensure that their citizens continue to have avenues for accountability. The organization also called on ECOWAS to engage in dialogue with the Sahel states to address their concerns while emphasizing the importance of upholding human rights standards. Malian, Nigerien, and Burkinabe authorities have reportedly made little progress in investigating or prosecuting security forces, armed groups, and others responsible for grave offenses committed during ongoing armed conflicts in their territories.

“Since they came to power by force, these military governments have systematically failed to hold people responsible for egregious human rights abuses to account and have now reached a new low by preventing victims from seeking justice before the ECOWAS court,” a Malian political activist in exile in France told HRW last week. “This latest move only confirms their disregard for human rights and the rule of law.”

Despite their departure, ECOWAS has pledged to keep its doors open and requested that member states continue to allow free movement and trade for individuals holding an ECOWAS passport.

Relatedly in July 2024, the three leaving countries announced the establishment of the Alliance of Sahel States, seeking to reinforce the strategic alliance among themselves who have been isolated following military coups.