On January 28, 2024, Burkina Faso, Mali, and Niger collectively announced their withdrawal from the Economic Community of West African States (ECOWAS) through coordinated joint communiqués aired on national television in their respective countries. This decision follows a period of political and economic sanctions imposed by ECOWAS on all three nations in response to coup d’états and unconstitutional changes of government.
The withdrawal announcement, made during a time of multiple crises affecting the region, including ongoing insurgencies by jihadist groups in the Sahel region, is seen by commentators as a strategic move to challenge ECOWAS’ authority. In their joint statement, the three states cited ECOWAS’ perceived inability to assist them in addressing these crises as a primary reason for their withdrawal.
According to Article 91 of the revised ECOWAS Treaty, member states intending to withdraw are required to provide one year’s notice in writing and must continue to comply with the treaty’s provisions during this period. However, on February 7, 2024, the government of Mali declared its intention to withdraw from ECOWAS immediately, bypassing the one-year wait period stipulated in Article 91. Mali cited ECOWAS’ alleged violation of its own regulations and other legitimate concerns as grounds for the expedited withdrawal.
Legal experts point to Article 54 of the Vienna Convention on the Law of Treaties (VCLT), which emphasizes withdrawal from a treaty should adhere to the provisions outlined within the treaty itself. Most treaties since 1945 include withdrawal clauses, often with wait periods between notification and effective withdrawal. Mauritania’s withdrawal from ECOWAS in 1999, effective in 2000, adhered to Article 91’s requirements.
Withdrawal clauses, as per Article 42(2) of the VCLT, are integral to treaty provisions and constrain a state’s actions regarding future engagements. Burkina Faso, Mali, and Niger, having ratified the original ECOWAS Treaty in 1975 and its 1993 revision with unchanged withdrawal clauses, are bound by these provisions. There exists no customary legal basis for unilateral withdrawal outside of treaty-specified mechanisms.
Mali’s assertion of immediate withdrawal raises questions about potential breaches of ECOWAS’ obligations, as outlined in the VCLT’s Articles 60 and 62, regarding suspension and changes in circumstances. ECOWAS’ actions in suspending and sanctioning member states under the 2001 Protocol on Democracy and Good Governance may be interpreted as a breach of treaty obligations, providing a potential avenue for expedited withdrawal.
The wave of suspensions under the Protocol, notably in Burkina Faso, Niger, and Mali, highlights the treaty’s anti-coup provisions. However, whether these actions constitute a breach of ECOWAS’ obligations remains subject to legal interpretation.
The withdrawal of Burkina Faso, Mali, and Niger from ECOWAS signals a significant development in West African regional dynamics, with legal and geopolitical implications that warrant careful consideration in the coming months.