ECOWAS Must Take Charge After Niger Coup

By Thomas Carr

On July 26, 2023, Niger’s democratically elected President, Mohamed Bazoum, was ousted in a military coup.[1] Bazoum was seized by members of the Nigerien presidential guard, while the guard’s leader, General Abdourahamane Tchiani, declared himself head of a transitional government led by a military junta.[2] Bazoum has since been held hostage in his own home without food, water, or electricity.[3]

            Immediately after the coup, leaders from the regional economic block — the Economic Community of West African States (ECOWAS) — convened in an extraordinary leadership summit to discuss how to respond.[4] ECOWAS ultimately gave General Tchiani and the junta seven days to step down and reinstate President Bazoum, threatening a military intervention if they did not comply.[5] In response, the junta warned that they would kill President Bazoum if any neighboring country tried to intervene.[6] The deadline came and went, and, as of today, the junta still serves as the country’s de facto leadership.[7]

            Niger is one of the world’s poorest countries, and the nation’s economic and living situation will likely only get worse because of the coup.[8] What makes the situation tragic is that Niger was on a promising trajectory: The economy rebounded strongly from the COVID-19 pandemic and was on pace to sustain auspicious growth rates into 2023 and 2024.[9] Yet large swaths of the population — more than 4.3 million people or 16% of the country — remain reliant on international humanitarian aid to live.[10] Foreign money accounts for a quarter of Niger’s public spending, and international aid makes up 9% of Niger’s GDP.[11] The country receives close to $2 billion a year in development assistance.[12] The coup threatens Niger’s access to this aid, which would be both a humanitarian and economic disaster for the country and region.[13]

            While many countries — including the United States, France, Britain, and Germany — have already suspended some economic aid and imposed sanctions on Niger, most have maintained their humanitarian aid commitments.[14] The United Nations (“UN”) has also continued to deliver humanitarian aid.[15] This is undoubtedly a positive for poverty-stricken Nigeriens, but it also risks legitimizing the military junta.[16] UN Spokesperson Stéphane Dujarric told journalists in August of 2023 that the UN was “working with de facto authorities” to maintain aid.[17] Rather than take further action that appeases the junta or further reduces aid which millions of Nigeriens rely on, institutions like the UN and western nations should lean on ECOWAS to take more definitive action to combat General Tchiani and the junta. Doing so is a moral imperative and is permitted by international law.[18]

ECOWAS military chiefs begin talks on response to Niger Coup. Courtesy of Gerard Nartey, AFP.

            ECOWAS is a fifteen member-state regional group established to promote economic integration between the members.[19] ECOWAS’ “vision” is “the creation of a borderless region where the population has access to its abundant resources” and “the creation of opportunities under a sustainable environment.”[20] But the coalition has struggled lately: Mali, Guinea, and Burkina Faso were suspended in recent years following their own military coups.[21] Simply put, if ECOWAS is serious about realizing its vision, its response to the coup in Niger must be certain and forceful; the coalition is likely to eventually fail otherwise.[22]

            ECOWAS established a peacekeeping force in December 2022 to combat terrorism and restore democracy after coups.[23] At the time, ECOWAS leaders stated that the force was necessary as coups in the region earned the region a reputation of instability, which discouraged investment.[24] As mentioned above, ECOWAS leaders convened after the Niger coup to discuss how to respond, and they ultimately declared that they would intervene militarily if the junta did not step down within seven days.[25] The coalition has since chosen a new undisclosed “D-Day,” which it says marks the day that it will intervene militarily if the situation in Niger does not change.[26] The coalition should not bluff; it should follow through on its threat if necessary.

            ECOWAS’ threat of force and potential eventual use of force are legal under international law on the basis of consent, which provides a legal basis for the use of force.[27] Niger’s membership in ECOWAS, which, as explained above, has the power to use force to restore order in its member states, provides one such mechanism of consent.[28] Consent can also be obtained ad hoc where a governmental official requests or invites foreign intervention.[29] President Bazoum arguably gave such consent in a Washington Post op-ed in which he wrote: “I call on the U.S. government and the entire international community to help us restore our constitutional order.”[30] As such, ECOWAS’ potential intervention would likely comply with international law.[31]

            Western leaders and global institutions like the UN should hold ECOWAS accountable on their newly established “D-Day.” They should make clear that it is the coalition’s responsibility to intervene militarily if those in Niger cling to power.[32] The coup in Niger presents precisely the situation the peacekeeping force was created to combat.[33] If ECOWAS does not act equivocally in Niger, bad actors in other countries could be encouraged to lead their own movements to take power.[34]   

[1] Laurence Peter, Niger Soldiers Declare Coup on National TV, BBC (July 27, 2023), https://www.bbc.com/news/world-africa-66320895.  

[2] Ellen Loanes, Niger’s Coup and the International Community’s Opposition, Explained, Vox (Aug. 12, 2023), https://www.vox.com/world-politics/2023/7/29/23812389/niger-coup-africa-ecowas-tchiani-bazoum.

[3] Elian Peltier et al, Niger’s Ousted President: Celebrated Abroad, Criticized at Home, NY Times (Aug. 18, 2023),  https://www.nytimes.com/2023/08/18/world/africa/niger-president-bazoum-coup.html.

[4] Loanes, supra note 2.

[5] Id.

[6] Sam Mednick and Chinedu Asadu, AP report: Niger’s Junta Told U.S. They Would Kill Deposed President if Neighbors Intervene Militarily, PBS (Aug. 10, 2023), https://www.pbs.org/newshour/world/ap-report-nigers-junta-told-u-s-they-would-kill-deposed-president-if-neighbors-intervene-militarily.

[7] Russell Buchan and Nicholas Tsagourias, The Niger Coup And the Prospect of ECOWAS Military Intervention: An International Law Appraisal, Lieber Inst. (Aug. 21, 2023), https://lieber.westpoint.edu/niger-coup-ecowas-military-intervention-international-law-appraisal/.

[8] Gilles Yabi, The Niger Coup’s Outsized Global Impact, Carnegie Endowment for Int. Peace (Aug. 31, 2023), https://carnegieendowment.org/2023/08/31/niger-coup-s-outsized-global-impact-pub-90463#Economy.

[9] Id.

[10] Niger, European Commission (last updated Apr. 9, 2023), https://civil-protection-humanitarian-aid.ec.europa.eu/where/africa/niger_en#facts--figures.

[11] Agence France-Presse, Coup Threatens Niger’s Vital International Aid, VOA (Aug. 3, 2023), https://www.voanews.com/a/coup-threatens-niger-s-vital-international-aid-/7209674.html.  

[12] Moussa Aksar and Boureima Balima, Niger Loses Aid as Western Countries Condemn Coup, Reuters (July 29, 2023), https://www.reuters.com/world/africa/niger-loses-aid-western-countries-condemn-coup-2023-07-29/#:~:text=NIAMEY%2C%20July%2029%20(Reuters),democratically%20elected%20president%2C%20Mohamed%20Bazoum.

[13] See Raquel Seco, Vital Humanitarian Aid for Niger in Jeopardy Following Coup, El Pais (Aug. 10, 2023) https://english.elpais.com/international/2023-08-10/vital-humanitarian-aid-for-niger-in-jeopardy-following-coup.html.

[14] France-Presse, supra note 11.  

[15] UN Agencies Continue to Deliver Aid in Niger, UN News (Aug. 15, 2023),  https://www.un.org/africarenewal/magazine/august-2023/un-agencies-continue-deliver-aid-niger.

[16] See Damian Lilly, Does the UN Need a More Coherent Approach Toward “De Facto” Authorities?, IPI Global Observatory (Jan. 6, 2023), https://theglobalobservatory.org/2023/01/does-the-un-need-a-more-coherent-approach-toward-de-facto-authorities/.

[17] UN Agencies Continue to Deliver Aid in Niger, supra note 15.

[18] See Russell Buchan and Nicholas Tsagourias, supra note 7.

[19] Basic Information, ECOWAS (last visited Sept. 15, 2023), https://ecowas.int/basic-information/.

[20] Id.

[21] Rachel Chason, As Niger’s Crisis Drags On, Its West African Neighbors Are Tested, Washington Post (Aug. 23, 2023), https://www.washingtonpost.com/world/2023/08/23/niger-coup-ecowas-nigeria-tinubu/.  

[22] Id.

[23] Timothy Obiezu, African Analysts Welcome ECOWAS Peacekeeping Force but Skeptical of Success, VOA (Dec. 7, 2022), https://www.voanews.com/a/african-analysts-welcome-ecowas-peacekeeping-force-but-skeptical-of-success-/6866389.html.

[24] Id.

[25] Loanes, supra note 2.

[26] Niamh Kennedy, ECOWAS Sets ‘D-Day’ for Possible Military Intervention in Niger, CNN (Aug. 18, 2023), https://www.cnn.com/2023/08/18/africa/niger-ecowas-d-day-military-intervention-intl-hnk/index.html#:~:text=The%20West%20African%20regional%20bloc,president%20following%20last%20month's%20coup.

[27] Russell Buchan and Nicholas Tsagourias, supra note 7.

[28] Id.

[29] Id.

[30] Mohamed Bazoum, President of Niger: My Country is Under Attack and I’ve Been Taken Hostage, Washington Post (Aug. 3, 2023), https://www.washingtonpost.com/opinions/2023/08/03/mohamed-bazoum-coup-niger-democracy/.  

[31] Russell Buchan and Nicholas Tsagourias, supra note 7.

[32] See Basic Information, supra note 20.

[33] Id.

[34] See Chason, supra note 21.