Introduction
Confederation represents one of the remarkable transformations of the state. It has existed in West Africa before, exemplified by the Confederation of Senegambia between Senegal and The Gambia in 1981. However, it collapsed in 1989. This form of state has re-emerged with the Confederation of Sahel States (AES), raising legitimate questions regarding its constitution. Thus, the doctrine maintains that it is based on a treaty, the preservation of state sovereignty, and decision-making by unanimity.
Creation by Treaty
A Confederation is an association of sovereign states established by the signing of a treaty. The treaty establishing the Confederation of Sahel States (AES) is in fact, an international agreement concluded in writing between the Republic of Mali, Burkina Faso, and the Republic of Niger, and is governed by treaty law. It was adopted on July 6, 2024, in NIAMEY. This treaty is formal in nature; it implies that it will come into force on the day of the deposit of the last instrument of ratification, according to Article 25.
Preservation of State Sovereignty
In a Confederation, it should be noted that member states do not entirely relinquish their sovereignty. Instead, their sovereignty is adjusted, as evidenced by Article 4 of the aforementioned Confederation. According to this provision, the confederated states retain their sovereignty and independence, except for the competencies delegated to the Confederation. This includes areas such as defense and security, diplomacy, and development.
Decision-Making by Unanimity
The decision-making modality in any Confederation is unanimity. The Confederation of Sahel States adheres to this principle as well. This is stipulated in Article 8. Unanimity, in the strict sense, means a vote with no opposition. The Council of Heads of State, as the supreme body, drives the vision and determines policy. Consequently, the decisions it makes are subject to the rule of unanimity. A decision can only have effect if it has the explicit consent of the confederated states.
Conclusion
The Confederation of Sahel States (AES) marks a decisive step in strengthening inter-state relations among these countries. Its constitution, as outlined, reflects the culmination of the Liptako-Gourma Charter, adopted on September 16, 2023, which was primarily focused on defense. Through this treaty, there is a clear intention by the confederated states to pool their efforts in combating terrorism, harmonize their foreign policy, and propel their development. Indeed, the Confederation could be an opportunity for poorer states to achieve faster development. However, it must be recognized that the Confederation has a transitional (non-perpetual) nature. In reality, it may lead to the formation of a federal state like the United States of America or simply disappear.
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